This type of mediation is not just about conflict resolution; it’s also about helping people get to a better understanding of their legal rights and their obligations. Mediation is extremely time consuming, costly, emotionally draining and potentially unpredictable, so, mediation is becoming more popular. However, in this brief article, will describe what mediation is, when to consider mediation and the various forms and benefits of mediation in Florida and across the country. Additionally, I will tell you why I believe it is important for clients in mediation to remain actively involved throughout the mediation process.
When a dispute goes before a judge or jury, there is usually litigation surrounding the facts of the case. The litigation can include but is not limited to, trial preparation, discovery, expert witness depositions, discovery due dates, trial date scheduling, preparation of closing arguments, expert witness interviews, pre-trial negotiations and any further actions in the case. Because of the extensive litigation and potential outcomes of a dispute, many people do not have time in their busy schedules to pursue resolving their differences through traditional court proceedings. Many individuals would benefit from mediation instead.
The vast majority of divorces in Florida are contested, so there are a significant number of divorces that go before a judge and jury.Therefore, if you’re Florida involved in a dispute with a Florida divorce attorney, there is usually no other option than mediation.In most divorce mediation cases, the spouses voluntarily agree to mediation and then mediation is conducted by an independent third party, such 34119 as a family mediator or a professional mediation specialist. If either spouse questions the impartiality of the mediator, they may question the impartiality of the mediator themselves. As well, there are many Florida divorce attorneys who believe that mediation should be entirely ruled out of a divorce case if it cannot be agreed upon by both spouses.
One of the greatest benefits to mediation is that the process can be
expedited, which greatly enhances a Florida divorce case.In most certified mediators in florida instances, parties would have a difficult time in negotiating a settlement over a long period of time. For example, one spouse might need time to get their financial statements in order, another spouse might need time to gather documents, or another spouse might need time to get information about tax implications and child custody. All of these factors could cause a long litigation process, resulting in additional costs for the parties and an unfavorable outcome for the litigation. Mediation can be completed in a very short period of time, which greatly reduces the amount of time spent on litigation, which is also desirable when considering the highly competitive environment in Florida.
Because of the highly positive outcomes of Florida divorce mediation, there are more divorcing couples using United States of America this method of dispute resolution. Most importantly, mediation is preferred by many Florida clients because of the expediency that it provides. Many individuals and couples choose Florida mediation over other methods because of the low costs associated with the process. Most divorce mediation in Florida utilizes a fairly simple form, which allows the parties to submit necessary documents and information to the mediator then makes the determination about the terms of the settlement. In some instances, the mediators will even make the decisions themselves based on the information the parties have provided them with, saving the client time and money.
Mediation In Florida can be helpful for a wide variety of different issues, including several types of personal issues. Mediation In Florida can be used for marital issues (one party wanting to end their marriage, for example), any disputes regarding property (including debt, divorce, custody and visitation rights), any disputes involving children (marital issues, parenting issues and similar matters). Mediation In Florida can also be used when one party is unhappy about the final decree handed down by a judge, or when one party feels that they were not properly represented during the case. When these situations occur, mediation can provide a much more comfortable and effective means of resolving any issues or disputes that exist between the parties