If you are going through a divorce, you may be wondering what mediation consists of and whether it may be the right choice for you. Our experienced divorce mediation attorney in Boca Raton can explain the benefits and potential drawbacks of the mediation process and how it might affect your divorce proceedings.
What is Mediation in Florida?
Mediation is the process of negotiating through the use of a neutral mediator. Mediation can be an effective tool when seeking to come to an agreement with your soon-to-be former spouse about division of marital assets, child-related issues and parenting plans, spousal and child support, and other matters that are often hotly contested in court.
Some parties choose to go to mediation in an attempt to reach an agreement, while others may be ordered to attend mediation by the judge.
What are the Advantages of Mediation?
Mediation in Florida has many benefits. Parties are often able to craft settlement agreements with out-of-the-box solutions that better fit their family, rather than having the judge impose a one-size-fits-all arrangement. During mediation, parties can take a little more time to tell their side of the story and make arguments as to what they are seeking and why.
Even with more flexibility for parties to put forth their positions, mediation typically takes less time and is less costly than proceeding with a trial in court.
Oftentimes, having a neutral mediator give their take on your case can make an obstinate party rethink their refusal to compromise. After all, if an experienced mediator does not support what a party is requesting, the judge on the case may not either.
When is Mediation not Appropriate in Florida?
Mediation is not the best choice for everyone. It is not a good idea to go into mediation unless you have a clear picture of your marital assets. If you believe your spouse is hiding assets from you and not being forthcoming, or if requisite discovery has not been exchanged, the mediation will not likely be successful. If you need the powers of the court to order your spouse to disclose information to you, mediation may not be the right choice until full disclosure has been obtained.
Likewise, if your spouse is abusive or too controlling, whether physically, emotionally or financially, going through the mediation process could be very upsetting and unproductive. If spouses are in extremely disparate or unequal positions of power within the relationship, this can put the less powerful spouse at a disadvantage during mediation.
Consult an Experienced Boca Raton Divorce Mediation Attorney
Choosing mediation for your divorce proceedings can be a difficult but advantageous decision, under the right circumstances. No matter your situation, it is important to discuss the pros and cons of attending mediation with your experienced divorce attorney in Boca Raton.
Our mediation lawyer in Florida has the requisite experience guiding parties through the mediation process and making sure their rights are protected. Not only is he Florida Bar Board Certified in Marital and Family Law, he is also a Florida Supreme Court Certified Family Law Mediator. This gives him the unique perspective and experience to have served as the advocate during the mediation process for many of his clients, as well as serve as the neutral mediator for other parties and their counsel. If the mediation is unsuccessful or is simply not the right choice for you, our divorce attorney is also prepared to fight passionately on your behalf in court.