Mediation
What Is Mediation?
Mediation is a form of dispute resolution where a mediator or facilitator assists parties who can not agree on important topics to reach a resolution. Sometimes is it not necessary to engage in litigation to resolve marital issues and obtain a divorce. Consideration should be given to alternative methods. Working with a mediator is an alternative way to settle a dispute out of court through an informal and non adversarial process. It is generally a speedier and more cost effective way to reach a settlement of all the issues that pertain to your situation in a divorce action. While litigation may consume thousands of dollars and months of time, utilizing the services of a certified mediator is usually less time consuming and expensive.
Divorce Mediation is not an attempt for the parties to reconcile their love and halt a divorce. Mediation is not family counselling. Divorce Mediation is a process designed to help two parties discuss their issues, find common ground, and come to an agreement that is beneficial to all involved without having to go through costly and time-consuming litigation.
Mediation frequently becomes a requirement in the divorce process because most contested divorces with unresolved disputes, such as child custody, child support, and alimony inevitably become difficult to settle. Even when the parties are represented by attorneys in the Dissolution of Marriage action many civil family matters will be referred to a Mediator for divorce mediation by agreement of the parties or order of the court at some point during the court proceeding. In fact, most judges in Palm Beach County require mediation prior to trial
Mediation Benefits
Where Does Mediation Take Place?
Both spouses typically meet at office of the mediator as opposed to the often-times rushed and stressful atmosphere that parties find themselves in while in courtroom corridors during contested court proceedings. The mediator’s office is also a neutral setting for the parties. The mediator’s role is that of a neutral and impartial third party who has no stake in the outcome of the dispute. The mediator does not represent either party individually or give legal advice, but rather facilitates an agreement between the parties that meets both of their interests and that of their family. Mediators are experienced in using specific techniques to improve dialogue and empathy between parties which can aid in resolving difficult and often contentious issues.
Is It Confidential?
Another reason why parties may prefer a mediation attorney is that the process is more confidential. Anything that the parties discuss in mediation usually can not be used against them should they choose to litigate at a later time. Litigation, on the other hand, is public and personal and potentially embarrassing details may be revealed in open court. There is increased control when mediating agreements as well. Parties have the opportunity to fashion an agreement that works best for them and their families as opposed to a judge setting forth what the parties will do. In the context of divorce, mediation can be used to reach resolution on a variety of important issues such as finances, child support and child custody and alimony. Prenuptial agreements can also be determined through mediation. Parties should be prepared to make complete financial disclosure to facilitate a fair and equitable agreement. The duration and timing of mediation sessions is created between the mediator and parties and accommodates the parties schedules. Mediation can even be accomplished through teleconference.
The goal of mediation is to reach an agreement which will then be embodied in writing and in the case of divorce will be submitted to the court to become part of the divorce decree. If such an agreement is reached, the divorce will proceed in an uncontested manner saving time and money.