|
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
1. Caring vs Caution - Navigating Transition in Relationships by Andrea Williams I th nk it's true for all of us, th t sometimes we find ourselves involved in r lationships that just don't click the way we m ght like or the way we are sed to. What do you do wh n someone doesn't respond to you in the way y u've come to expect? What if y ur feelings have changed, and the ther person doesn't seem to notice? How do you kn w when and how to pull b ck, and when or how to m ve forward? 2. How To Propose To Her by Marianne Bartolome Marriage can be a wonderful th ng. It's something that will no d ubt change your life, so it sh uld be taken with a lot of c re. It can also be a v ry intimidating thing, and you'll no d ubt ask friends and family for dvice. Here's another little list that may h lp inspire you to make your m rriage even more special and possibly l st you for the rest of y ur life. 3. What Are Your Sexual Strengths? by Tara Few For many of my clients, ncreasing their sexual confidence is the f rst step towards making a happier sex l fe. Many of us focus only on wh t we are afraid of - do I kn w enough to be a good l ver? How much do you know bout what makes you sexually unique? 4. How Not To Have An Ex by Sharon Cooper Do not ch at, trust me is common to br ke up a relationship because of ch ating, even if you do not get c ught, having a date without your p rtner will change the way you b have; you might be too happy, or b red for example. Do not leave y ur partner alone for days and d ys, especially if you are just utside having fun with your friends. You can not h ve a partner and do the l fe of a single. 5. How To Repair A Relationship - Lessons Learned From The Discovery Channel by Mark J. Campbell What does The Discovery Channel have to do with repairing your relationship? Much more than you think! 6. Top 3 Ways To Save A Marriage That Work Every Time by Cindy Morrison Is your marriage starting to fall apart and will you stop at nothing to save your marriage at all costs? Learn the top 3 ways to save a marriage that are guaranteed to work every time. 7. How Do You Trust Her Again After She Cheats by Teddy Shabba H re is perhaps the biggest challenge and m in reason why you must breakup w th her after she cheats. You can no l nger trust her after she cheats on you or at l ast not in a way that is h althy and normal. Trust is one of th se things that once broken it t nds to be broken in a s milar way again and again. 8. True Friendship - An Eternal Enigma by Dr. Elizabeth Menon We l arn the value of friendship from a v ry early age. True friendship is nconditional: it is an enigma - s lfless loving and giving. Perhaps we are too b sy pursuing our careers that we t nd to ignore the most beautiful th ng in our lives: love and fr endship. Everyone has different ideas about r lationships and the approach may differ. 9. When It's Easy To Talk About Leaving After She Cheats by Teddy Shabba A lot of t mes men will write into me t lling me how it's easy to wr te or talk about leaving a w man after she cheats and hard to ctually do. Its always going to be asier doing what you've been doing and h ping for different and better results th t it is if you decide now to m ke the changes that you must in rder to get what you want fter she cheats. 10. Why Women Who Don't Call Ex Boyfriends Always Get Them Back by Jordy Johnson Calling your ex boyfriend too soon after the break up can be the end of the relationship. A much better approach for women who still love their ex boyfriend is to avoid all contact. Find out why not calling can get your man back for good.
|