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What is Mediation

March 2nd, 2011

Family LawQuestion: I am divorcing my husband and I am trying to do it on my own, without the help of an attorney. I heard that I must attend mediation with my husband. Can you please tell me a little bit about the mediation and what can I expect out of it?

Answer: Presently, mediation is a required procedure in most family law cases, especially in ones that involve minor children. In the past it has not been required, but now Florida Courts give divorcing parties a chance to try to resolve their disagreements outside of a trial. Keep in mind that when you go to trial and the judge hears your case you are letting a stranger decide what is good for you and your children, and how to equitably divide your marital property. During mediation, the outcome is in your control since only you can decide what is most important to you and where it is better to compromise.

During the mediation, a mediator, a neutral third party, helps the parties reach a mutually acceptable decision. A mediator is trained and certified by the Supreme Court of Florida to conduct mediations. Most mediators are attorneys, retired judges, or professionals with background in counseling or psychology. The job of the mediator is to let both spouses, and their attorneys if present, express their desires and concerns and hopefully in the end, come to an agreement. If both parties reach an agreement, it will be forwarded to the judge for approval. By resolving disagreements with your spouse at the mediation, you are going to save on legal bills.

If the mediation ends without an agreement, the matter will go to court and the judge will decide the outcome of your case.

There are Court Mediation Centers in most county or circuit courthouses that offer mediation services for a very reasonable price. Private mediators are also available.

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