Mediation Blog
Mediation Blog
Who Makes The Decisions in the Mediation Sessions?
Who Makes The Decisions in the Mediation Sessions? In mediation, clients can fashion a negotiation strategy and make the decisions for themselves. In most cases, the parties are better off settling than taking their chances before a judge and have the judge decide...
How is a Mediated Divorce Different from a Contested Divorce?
How is a Mediated Divorce Different from a Contested Divorce? In a mediated divorce, both parties will be meeting with their experienced family and divorce mediator, an independent neutral party, to settle and resolve all disputed issues that are relevant to your...
How Children Are Affected By Mediation?
How Children Are Affected By Mediation? Mediation has many benefits when there are children involved and it can take the place of litigation and contested proceedings. Contested custody battles can be traumatic for children. Often a separate attorney or guardian ad...
Do the Children Participate in Mediation?
Do the Children Participate in Mediation? The mediation process is created by the mediator together with the parties. When discussing custody and parenting issues, from time to time spouses may ask that children participate in the mediation. However, it is often not...
Do the Children Take Part in the Mediation Session?
Do the Children Take Part in the Mediation Session? The format for the mediation process is developed by the mediator together with the parties. Sometimes while discussing custody and parenting issues, spouses have requested that children participate in the mediation...
Can a Mediator Give Legal Advice?
Can a Mediator Give Legal Advice? A mediator’s role is to facilitate an agreement with both parties. The mediator is a neutral party and represents both parties to the mediation. This would be the father and mother in a custody matter, or the husband and wife in a...
How Do We Change Our Parenting Time Sharing Agreements After a Court Order?
How Do We Change Our Parenting Time Sharing Agreements After a Court Order? At the time of divorce, parents will be issued a court order that provides a custody and parenting plan. As children grow and situations change, there may be a need for modifications after a...
How Long Does a Typical Mediation Take in Florida?
How Long Does a Typical Mediation Take in Florida? Mediation takes however long is necessary to work through all of the issues, agree to terms, and draft a settlement agreement. On average, litigation can take up to 2 years to complete in Florida. Mediation is a...
What Is a No-Fault Divorce in Florida?
What Is a No-Fault Divorce in Florida? The term no-fault relates to the grounds for divorce. In Florida, there is no-fault, and the no-fault grounds are this: if you allege that your marriage has broken down irretrievably, that means that there’s no likelihood of a...
How Are Assets Divided Up? Who Makes the Choice and Selection?
How Are Assets Divided Up? Who Makes the Choice and Selection? In Florida, if you have a litigated issue about how your property is divided and distributed, we’ll go to the court. There are many factors that a court would consider in deciding what would be considered...
What is a Settlement Agreement?
What is a Settlement Agreement? Many clients ask me, “What is a settlement agreement or a separation agreement?” When couples come to me to begin mediation, it is because they need to work through a few contested issues and wish to avoid litigation. Some of the issues...
What Happens in the Mediation Process?
What Happens in the Mediation Process? The divorce mediation process consists of a series of meetings. I will act as a neutral mediator and guide the couple through a list of issues. As a group, we will work through all contested issues and try to come to a...
Is Mediation a Cheaper Option than a Litigated Florida Divorce?
Is Mediation a Cheaper Option than a Litigated Florida Divorce? When people come to me about mediation, they often ask if this process is cheaper than a litigated divorce. Every couple handles issues in their own way. Some mediations may take longer than others....
Can Mediation Help My Children Cope With Divorce?
Can Mediation Help My Children Cope With Divorce? When a child’s parents go through a divorce, it is always a difficult and confusing time for everyone involved, especially the children. Many times, depending on how young they are, the children don’t really understand...
Why Should I Choose Mediation In Florida?
Why Should I Choose Mediation In Florida? There are many benefits to choosing mediation if you are looking to get a divorce in the state of Florida. Simply put, in most cases, you and your spouse can make settlements outside of court. In addition, mediation is...
What is the Difference Between Mediation and Collaborative Divorce?
What is the Difference Between Mediation and Collaborative Divorce? There are a few differences between mediation and collaborative divorce. Though they have the same goal and come to the same conclusion, there are a few differences to note. Mediation is a process in...
Relocating With A Child
Relocating With A Child When a custody arrangement is made during mediation, both parties must comply. However, if things change and one party needs to move out of state, you may have to return to mediation. This is because you can’t simply move out of state with your...
Modification of Alimony Through Mediation
Modification of Alimony Through Mediation When a marriage dissolves, one spouse may receive alimony payments. The decision to have one spouse pay for alimony may be made in a mediation session. However, sometimes circumstances change and alimony payments may no longer...
What Decisions Are Made During The Mediation Process?
What Decisions Are Made During The Mediation Process? The mediation process is one that is often times chosen by people who want to get a divorce but do not want to go through the divorce in a courtroom. Mediation is cheaper and usually takes less time than a...
Child Custody In Florida
Child Custody In Florida When you begin the mediation process, one of the factors that need to be determined is child custody. Generally, one parent will spend more time with the child than the other parent. The parents will need to determine who the child will spend...
Is Mediation Cost Effective?
Is Mediation Cost Effective? When potential clients come to me and want to know more about mediation, they often ask if this process is cheaper than a litigated divorce. The answer here is yes, generally. The reason for this is because you can avoid court fees and you...
Do We Have To Be On Good Terms To Choose Mediation?
Do We Have To Be On Good Terms To Choose Mediation? Many times, potential clients will come in and ask whether or not they have to be on good terms with their soon to be ex-spouse to choose mediation. This is a difficult question to answer. It definitely makes the...
High Net Worth Divorce
High Net Worth Divorce There are many situations in which a couple who wishes to get a divorce has over $1 million in marital assets. This is known as a high net worth divorce because there is a lot of property and money on the line. This type of divorce can be...
My Spouse is Lying About His/Her Income. What Can I Do?
My Spouse is Lying About His/Her Income. What Can I Do? There are many situations during a divorce in which one spouse will try to falsify information regarding his or her income in order to walk away with a better outcome than they would have if they were truthful....
Florida Equitable Distribution
Florida Equitable Distribution There are many factors that must be determined when a couple gets a divorce through mediation. One of those factors is equitable distribution, also known as the division of assets. Who gets the house? Who gets the car? Any property that...
What documents do we need for mediation?
What documents do we need for mediation? When you and your spouse decide to get a divorce, there are a number of options that you can choose from. One of the options for divorce is known as mediation, which allows a couple to stay out of court. However, there are a...
Do we each need to hire our own mediator?
Do we each need to hire our own mediator? When a couple is planning to get divorced through mediation, they may have a lot of questions about a situation that they may be unfamiliar with. A lot of people choose mediation because it is a cheaper option, the couple gets...
Ending A Marriage Through Mediation
Ending A Marriage Through Mediation When a couple attends mediation, they are expected to have some idea of what they want to achieve at the completion of the sessions. There are a number of factors that a couple will need to consider when they go through mediation....
Child or Spousal Support Modification
Child or Spousal Support Modification When an agreement is made during mediation to determine what spousal support or child support payments should be made, they are based upon the current financial situation of each party. However, as quickly as a person’s financial...
What are the benefits of family mediation?
What are the benefits of family mediation? When the parents of a child get divorced, it is especially difficult for the children. Many of these parents wonder whether or not they should involve the children in mediation sessions and the impact it may have on the...
What happens if there is no custody agreement?
What happens if there is no custody agreement? Sometimes the parents of a child will split up but never go through a divorce or determine a custody agreement. While it may seem okay at the time, it generally ends up in a messy legal battle and the child may have...
What is the effect of adultery on a divorce?
What is the effect of adultery on a divorce? When a couple decides to get a divorce in Florida, they do not need a reason because the state is considered a “no fault” state. The couple just has to declare that their marriage is irretrievably broken and that they do...
How do I get a divorce in Florida?
How do I get a divorce in Florida? Divorce rates are spiking across the country as the stigma against divorce is not as bad as it once was. People don’t always get married with the thought that they will be in it for the rest of your life. Today, it is easier than...
What effects does the length of a marriage have on a divorce?
What effects does the length of a marriage have on a divorce? When you make the decision to obtain a divorce from your spouse, there are a lot of factors that need to be taken into consideration and questions that must be answered. Who gets to keep the house? Will I...
What can family mediation try to resolve?
What can family mediation try to resolve? When a couple gets a divorce, a lot of people feel the effects. The people who are most affected include the children that the couple may have. This is a very trying and emotional time for families and the children are going...
What is a protective order?
What is a protective order? When a person becomes a victim of domestic violence, many times they will obtain an order of protection against their abuser. A protective order serves the purpose of keeping an abuser away from the victim so they cannot continue to commit...
What do I need to be prepared for mediation?
What do I need to be prepared for mediation? When a couple is planning on getting a divorce through mediation, they should know what to expect going into the process. Any means of divorce is a document-heavy process and it is best to be prepared with all of the...
Am I automatically entitled to alimony?
Am I automatically entitled to alimony? One of the first questions that many prospective clients ask is whether or not they automatically get alimony, also known as maintenance or spousal support. The answer is well, not necessarily. Alimony is awarded many times but...
Florida Department of Child and Families
Florida Department of Child and Families The Florida Department of Child and Families works to protect children and parents from abuse or neglect in their state. The Florida DCF has a lot of services that work to ensure all of the children in the state are being...
Who can benefit from mediation?
Who can benefit from mediation? Mediation has become a very popular method of divorce in Florida and throughout the country. However, not all couples may be able to find success through mediation because they simply cannot get along with each other enough to make the...
Florida Children’s Legal Services
Florida Children’s Legal Services When a couple goes through a divorce, many of the factors become increasingly complicated when that couple has children together. If divorce occurs through mediation, the parents are permitted to make the decisions regarding their...
Can we mediate child support?
Can we mediate child support? A lot of people think that mediation is strictly limited to simply obtaining a divorce. However, when a couple who is getting divorced has children, there are a number of other factors taken into consideration, all of which can be handled...
What issues can mediation help with?
What issues can mediation help with? Mediation can assist with many different types of issues that people throughout Florida face. When a person thinks of mediation, many times they think of mediation in terms of matters of divorce and family law. While mediation is...
Florida’s Child Support Laws
Florida’s Child Support Laws When a couple that has a child or multiple children gets divorced, there are many factors that need to be handled. When children are involved, a divorce is not just about the couple. It is about the entire family because it will have...
Are my children eligible for Florida KidCare?
Are my children eligible for Florida KidCare? Florida wants to ensure healthcare for all children. Health insurance, or lack thereof, is a major source of concern for many parents. Florida KidCare is available for children aged 19 and under and serves as a Medicaid...
Is health care covered in child support?
Is health care covered in child support? One question that many parents ask when they are in the midst of creating a custody agreement with an ex-spouse for their child is whether health insurance is included in a child support agreement. In Florida, it is recommended...
What are the alimony options in Florida?
What are the alimony options in Florida? When a couple in Florida has decided that it is time to dissolve their marriage, there are a number of factors that must be taken into consideration. One of these factors is alimony, which requires one spouse to financially...
Child Visitation Rights
Child Visitation Rights When a custody agreement is made, most of the time the parents are permitted to share custody of the children. However, in some situations, one parent is not given custodial rights and is instead only given visitation rights. In Florida,...
What is a simplified dissolution of marriage in Florida?
What is a simplified dissolution of marriage in Florida? One of the biggest concerns that many people have about getting divorced is that the process will take too long. They want the marriage to end as soon as possible. However, this is not the case in many...
Does my spouse have to attend my mediation sessions?
Does my spouse have to attend my mediation sessions? When a couple decides to get a divorce through mediation, there are options for them to choose from. Mediators understand that a divorce is a very emotional time for those involved and it might be difficult to be in...
What happens to our debts in a divorce?
What happens to our debts in a divorce? The decision to get divorced is rarely an easy one for a couple to make, but sometimes it is the best option because the marriage simply does not work anymore. Once you’ve decided it’s time to get divorced, you will have to go...
What changes can occur after a divorce?
What changes can occur after a divorce? Just as a marriage brings serious change in a person’s life, divorce does as well. So much of your life revolves around your marriage and when that is no longer a factor, things are a lot different and therefore, you will be...
Is my mediator also my attorney?
Is my mediator also my attorney? Is My Mediator Also My Attorney? When going through a divorce via mediation, it is important to know that you do not need to hire an attorney. A lot of people find themselves confused as to whether or not they actually need to hire an...
What Can I Ask For In A Settlement Agreement?
What Can I Ask For In A Settlement Agreement? What happens during the mediation process is that the two parties involved agree on a settlement about topics such as child custody or the division of assets during a divorce. Some of the things that you are allowed to ask...
Equitable Distribution of Property in a Florida Divorce
Equitable Distribution of Property in a Florida Divorce What Can I Ask For In A Settlement Agreement? Florida is a no-fault divorce state, but no one expects your best friend for life, until death do you part, to give up without putting up a fight. Divorce is the time...
THE PROS AND CONS OF JOINT CUSTODY – A QUICK GUIDE
Joint custody is a viable solution for divorcing parents who may not have ended their marriage on the best of terms. Some people are skeptical about whether it’s truly an effective solution for the distribution of custodial rights, which is what we will discuss in...
JUDITH GOLDBERG, DIVORCE AND FAMILY MEDIATOR.
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