Mediation in Family Law Cases
Anytime there is a dispute within a family, whether it has to do with a divorce or child custody issues, emotions can be high, and it can be difficult to come to an agreement that works for each party. Many times, this is when the courts get involved. Family members may have to present to a judge, and in some cases, may be subject to the decision of a judge or jury.
However, there is one way that disputes can be resolved that gives more decision-making power back to the people who are having the conflict. If conflicting parties are ordered to or choose to go to mediation, it is possible to settle a family dispute outside of the courtroom.
What is Mediation?
Mediation is a way for people to discuss their dispute in the presence of an impartial party. In certain cases mediation is court-ordered while in other cases the two parties can choose to go to mediation. The neutral mediator is often chosen by the courts in issues of family law. He or she must be certified by the Florida Supreme Court, but is not allowed to give legal advice, or provide therapy or counseling. The mediator may help the discussion along by providing ideas of ways that the disputing parties can come to an agreement.
Whenever there are issues involving the family, it may be difficult for opposite parties to operate without being emotional, and it can often be hard for each person to see the issue any other way. A mediator’s job is to spark ideas that may lead to an ultimate agreement, or simply the agreement that a mutually satisfying resolution cannot be made.
Once there is an agreement in mediation, both parties will be asked to sign a document that explains the details of the agreement, which becomes a contract. At this point, the terms of the contract are legally binding and must be followed by all parties involved. If an agreement cannot be made, then the issue may be sent back to the courts for a judge or jury to ultimately decide.
Benefits of Mediation
Mediation is a way to keep a dispute out of the courts, and may save time and money. It is an opportunity to resolve conflict with an impartial person who can offer up suggestions that may not have been considered by either party. Additionally, the mediator can help overcome communication obstacles or emotional barriers that have stalled the issue from being resolved or moving forward. He or she can assist with listening and help each party stay focused on the real issues that need to be discussed
Perhaps the biggest benefit to mediation is that it keeps the decision-making power with the parties involved in the dispute as opposed to a judge or jury. An agreement established in mediation is one that is created by the people who will be affected the most by any terms, and therefore, it may be appealing to some to have the power to make that ultimate decision.
Mediations are also private and confidential, which is different than public hearings that wind up on the record. There are no judges or juries involved in the mediation process, and attorneys are not required, but advised.
Tips for a Successful Mediation
Any time that you will be going to mediation, you should absolutely consult the advice of a family law attorney. Your attorney will be able to help you understand what terms would be most beneficial to you.
Make sure you are prepared and arrive on time. If you are ill prepared for the mediation, you may end up agreeing to something that does not work in your favor.
It’s important to also arrange for childcare if needed. Children are often not allowed in the mediation room.
Mediation in family law cases may last an hour or several days, depending on the time it takes both parties to agree on terms to a resolution. In the event that you are going to mediation or feel that you may need to in order to resolve a legal conflict, contact an experienced family law attorney who can properly advise you through the mediation process. The Spatz Law Firm can be reached at (305) 442-0200.
Mediation in Florida. (n.d.). Retrieved December 6, 2018, from https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida