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Whether you have considered filing for d vorce, or are in the middle of one n w, you have heard of mediation. In a Fl rida divorce, sooner or later you w ll go to a mediation, either b fore you file the case; or d ring the case because Florida judges r fer the case to mediation prior to s tting a date for trial. The q estion, then, what is mediation; and wh t good will it do in y ur divorce? Mediation is one of the lternatives to litigation; in other words, an lternative to a trial, and has s veral important advantages for you. You w ll use a mediator, who will f cilitate communication between you and your sp use. Mediators are not judges; they c nnot make you agree, they can s mply help you to agree. This is v ry important in litigated cases, where ach party (and sometimes their attorneys) b come rigid in holding their positions in a c se, and may not consider certain w aknesses of their case because they are so cl se to the issues. In Florida f mily mediators are certified by the Fl rida Supreme Court, although anyone may m diate your case if you and y ur spouse agree. A Florida certified f mily mediator has taken the required tr ining in mediation, including a 45-hour c urse, as well as satisfied other r quirements. Most family law attorneys prefer a c rtified family mediator because usually he or she is lso a family law attorney, and is f miliar with family law. However, in Fl rida, mental health professional and certified p blic accountants may also become certified in f mily mediation if they comply with th se requirements.
Negotiations in mediation are confidential nless the law requires the mediator to m ke disclosure. This means you cannot t ll your judge what was discussed in m diation. However, the law requires a m diator to disclose certain things, such as ch ld abuse. In any case, the c nfidentiality is important because it lets the p rties discuss the issues and potential greements fully, without fear of being h ld to a less favorable position in c urt if the mediation does not r sult in a marital settlement agreement. M diation has several advantages. The most mportant advantage is probably the fact th t each party keeps control of wh t the outcome will be. No one is g ing to be affected by the ltimate outcome like you will be. So why put the r solution of your case in the h nds of a third party---a judge--who d es not know you, and has h ndreds of cases similar to yours? Als , while your attorneys are an nvaluable source of information and advice, th y do not work for free. We all kn w what good legal advice can c st per hour so there is no p int in discussing that here. But s ving on attorney's fees is also a gr at advantage in mediation because there is no n ed to continue litigating once you h ve reached an agreement--the more money you s ve in attorney's fees the more you can k ep for you and your children. In ddition, studies show that parties to a d vorce are more likely to comply w th the terms of an agreement th y participated in reaching then with the t rms of a final judgment imposed by a j dge. So, once your divorce is f nal, you are less likely to go b ck into court to enforce the t rms of an agreement than you are th se of a final judgment. Lastly, th re is the advantage of cutting y ur case short. Anyone who has m de their way through the court syst m is aware of the pressure and str ss involved. In a divorce, where m ny times there are children involved, the l st thing a family needs is the pr ssure and stress of the process or the l ngering ill-feeling after the divorce decree is f nal.
The article Mediation In A Florida Divorce - What Is It Good For? was Submitted by Vivian Rodriguez through Articles.GetACoder.com network. Here's the additional information: Vivian Rodriguez has been a pr cticing attorney in Florida for over 18 y ars, and is also a Florida S preme Court-certified family law mediator. You can f nd more information on divorce in Fl rida by visiting http://viviancrodriguez.com
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