The Three Cs of Divorce Mediation in Florida

Prior to mediation in a divorce or other family law case, most parties believe the proceeding will be a waste of time. They reason that if they could’ve talked out their problems, they would not be in court in the first place. Nevertheless, divorce mediation is about 90 percent successful. Professional mediators often translate agreement on broad principles, like the parenting time plan must be in the best interests of the children, to specific provisions, such as the number of overnights each parent has.

A Jupiter family law attorney thoroughly prepares for mediation and also helps select an appropriate mediator. A solid case usually convinces mediators that their proposals meet legal requirements and are also in everyone’s best interests. Furthermore, some mediators have a reputation for bias and prejudice. A Jupiter family law attorney helps ensure that the judge doesn’t assign such a person to the case.

Cost

Mediation ends cases sooner, which means lower legal fees. Furthermore, mediation preparation is less time-consuming than trial preparation. Out of court settlements also have higher voluntary compliance rates. Higher compliance means fewer motions to enforce and therefore less legal fees.

This process also saves money indirectly. People who are going through divorces usually are unable to concentrate at work. Furthermore, they must miss work to meet with their lawyers and attend hearings.

Cost savings isn’t just financial. Divorces are very stressful on everyone involved. Instead of spending time with friends and family, they worry about their divorces. Mediation ends these noneconomic losses.

Civility

An emotional courtroom showdown is a staple of TV shows and movies. But in the real world, an emotional courtroom showdown creates very deep wounds.

The American court system is an adversarial system. Even if spouses don’t feel like they’re on opposite sides, during a courtroom trial, they’re on opposite sides. This feeling usually continues. It’s very difficult to co-parent children when the parents feel like they’re on opposite sides.

Additionally, mediation is an empowering experience. Many couples feel like if they talked out their problems once, they can do so again. Disputes are inevitable following divorce. If parents can work things out on their own, everyone benefits.

Control

At trial, a judge, who knows almost nothing about a family’s situation and needs, dictates results. At mediation, the parties have control over the outcome. The mediator assists with a settlement, but the terms are solely up to the parties.

Mediation could last a half day, but it usually lasts a full day. Typically, the judge orders the parties to divide the cost proportionately among themselves.

 Work With a Detail Oriented Palm Beach County Lawyer

Divorce and related matters almost always involve financial and emotional issues. For a free consultation with an experienced Jupiter family law attorney, contact Caroline Olson, P.A. We routinely handle matters throughout the Treasure Coast area.

Source:

ojp.gov/ncjrs/virtual-library/abstracts/mediator-style-and-mediation-effectiveness