Frequently Asked Questions About Mediation
Below you will find frequently asked questions about mediation.
What is Divorce Mediation?
Divorce mediation is an informal reference to mediation conducted in connection with the resolution of a divorce (legally referred to as a dissolution of marriage).
What is family mediation?
Family mediation is the term used for mediation conducted to resolve any issue related to family law such as divorce, time-sharing with children, equitable distribution of marital property and debt, alimony; and includes issues that arise after the divorce decree, or final judgment, is entered in a divorce action, commonly referred to as post-judgment family mediation.
What are the benefits of mediation as opposed to litigation?
There are many benefits to using mediation for family disputes. For the main benefits, please see this page for the benefits of mediation page. The key benefit to mediation is that it lets you and the other party keep control of resolving your dispute. This control includes the specific solutions to those issues that are most important to you as well as the ability to keep legal costs to a minimum.
How do I get divorced through mediation?
Mediation doesn't dissolve your marriage. Instead, mediation is a process for you and your spouse to reach an agreement on all issues on which you do not agree initially. If 3you and your spouse agree on specific solutions during the mediation process, I write the agreement; and, after having reviewed by a lawyer if either of you so decide, you can then file your case in court as an uncontested case.
What happens after the mediation?
What happens after mediation depends on the outcome of the mediation.
There are basically only two outcomes to mediation: a) you and your spouse reach an agreement, or b) you and your spouse do not reach an agreement. If you reach an agreement, it will be reduced to writing for your review and signature. You can then proceed in court with the action as an uncontested dissolution or divorce. If you do not reach an agreement, you and your spouse will have to proceed to court, meaning one of you will have to file a dissolution action and proceed as a contested litigant, either representing yourselves (known as appearing pro se) or with the assistance of an attorney retained for this purpose.
What is the time frame for mediation in a divorce?
Mediation can be used before before or after the case has been officially filed in court. In Florida family courts, all cases are sent to mediation before they are set for trial or final hearing. When a case has been filed in court and the court enters an order referring you to mediation, there is usually a time frame of forty-five (45) days to set and conduct the mediation.
Is there "public" mediation? What is "private" mediation?
All mediations are private in the sense that all mediation is confidential. If by "public" you mean that the State pays for the mediation, then no, there is no "public" mediation as such. However, many circuit courts have mediation programs where the fees charged are dependent on the income of the parties and are set out in the mediation statutes for Florida. The fee schedule on this website's Services & Fees are representative of those charged by Statute through the court programs since we have chosen to charge the same fees as would a court mediation program or unit.
Are there any guidelines for mediation? How do I prepare for mediation?
There are general guidelines and rules of conduct for a mediator to conduct a mediation. In terms of the parties preparing for the mediation itself, please read A Checklist for the Day of Mediation. If you are represented by an attorney, then follow the instructions of your attorney as to how best prepare for the mediation.
How do I choose a divorce mediator?
You can choose a certified family mediator through the Mediator Search page of the Florida Dispute Resolution Center, which maintains a list of all mediators certified by the Florida Supreme Court. You can also ask for references from your friends, family and acquaintances.
If we don't agree, can the mediator give us legal advice?
A mediator is a neutral party. Under no circumstances can a mediator give you legal advice, even if the mediator is also an attorney or a former judge.
Can I bring my children to mediation?
Children have no place in mediation for several reasons, but two are very important. First, children should not be present in mediation since it may compromise the confidentially of mediation. Second, no child should be exposed to the process of divorce other than as may be explained to them in a manner appropriate to their age and as recommended by mental health professionals--if divorce is traumatic for adults, imagine how it can be perceived by children.
What are the fees for mediation services?
Mediators usually charge by the hour. Each mediator can set their own fees, and there are no mandatory fees for mediators. I offer flat fees, depending on the type case and the work to be done; please refer to Services & Fees.
Who pays for the mediator's fees?
In mediation the parties can each pay one-half of the fees or they can agree that one party or the other will pay for the entire mediation fee.