When is Mediation Required During Divorce?

Mediation is a form of alternative dispute resolution that allows couples to settle a divorce outside of the courtroom. During mediation, a neutral third party mediator meets with each spouse and tries to foster communication and compromise between the two parties so they can reach an agreement. If an agreement is reached during mediation, an attorney or the mediator will draft the agreement and submit it to the court for approval. If the agreement is fair, the judge will approve it and finalize the divorce.

Many couples settle their divorce case during mediation, leading many to wonder if the process is required in Florida. Below, our Orlando mediation lawyer explains in greater detail.

Does Florida Law Require Mediation?

Mediation during divorce is not mandatory under Florida law. However, to avoid a backlog in the court system, most counties do require it. The majority of divorce cases in Orlando, and throughout Orange County, are required to go through mediation before the couple takes the case to trial. Mediation is most effective in the following situations:

• Open communication: If both parties are willing to openly communicate and comprise, mediation is more likely to be effective.
• Customized solutions are necessary: Family law judges often apply formulas and specific factors to situations when making decisions. No two divorce cases are alike, though, and yours may require a customized solution. Mediation is much more likely to offer this than a trial.
• Children are involved: It is well known that divorce is often hardest on the children. Unlike the combative nature of trial, mediation provides a more cooperative and peaceful solution when resolving the different terms of divorce. When parents can cooperate and remain respectful, it greatly reduces the stress of divorce on the kids.
• Confidentiality is preferred: Anything that happens in open court becomes a matter of public record and so, anyone can look up the details of the case. Mediation proceedings, on the other hand, remain confidential, which is preferred by couples who want to keep personal details private.

When Does Mediation Not Work?

Although mediation is preferable by many couples, this does not mean that it always works. There are times when mediation will likely to be effective, including the following scenarios:

• Hidden assets: Mediation does require transparency and honesty. When a spouse is hiding assets and refuses to fully disclose their financial information, this issue likely must be resolved in court.
• Domestic violence: Mediation requires a level playing field. When one spouse is in a position of authority over the other, such as when there is a history of domestic violence, mediation is unlikely to work.
• Extreme conflict: When there is a high level of conflict between two spouses, they will likely be unable to compromise or communicate effectively during mediation.

Our Mediation Lawyer in Orlando Can Help You Through the Process

Although mediation has many benefits over a divorce trial, it is still recommended that you work with an Orlando mediation lawyer. At Anderson & Ferrin, P.A., our experienced attorney can guide you through the process and negotiate with your spouse on your behalf for the fair settlement you deserve. Call us now at 407-412-7041 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html