How The Privacy Of Mediation Can Benefit Your Divorce

tense couple

When a couple in Florida decides to divorce, they have more options than simply arguing out the issues in court. One alternative option to traditional litigation is mediation, which is a dispute resolution method focused on compromise that takes place outside of the courtroom. One of the biggest benefits of mediation for many couples is the privacy that it provides to the proceedings. At the Law Offices of David L. Hirschberg, our experienced Boca Raton family mediation attorneys have handled many mediation cases and will advocate for your interests throughout the divorce process.

Avoid the Public Record

One significant issue with traditional litigation is that everything said in open court becomes a part of the public record, which can be accessible to almost anyone. For higher profile and high net worth cases, this can include members of the press who are looking to sensationalize your case in the papers. Nothing said or negotiated becomes part of the public record in a private mediation. This allows for the couple to freely discuss the issues and contemplate various solutions without fear that their words will be used against them.

Discuss Delicate Issues in Private

Not every divorce ends on an amicable, mutual parting of the ways. In many cases, marriages end because of issues like infidelity or criminal activity. Mediation provides a space for these delicate issues to be discussed privately and to determine the implications of these matters on a divorce settlement. One spouse may want a greater share of the property distribution because of money spent on adultery, which can be negotiated privately in mediation for the benefit of all parties involved in the case. Mediation is also helpful in these situations when a couple needs to discuss these matters and does not want their children or others discovering these matters in open court.

Continued Privacy after Mediation Ends

One final benefit of the privacy of mediation is that it continues even after mediation ends, either successfully or unsuccessfully. After a successful mediation, the details of the negotiations stay private, and the final divorce agreement is submitted to the court for approval by the judge. If the mediation is not successful, the issues that are unresolved must be litigated in court. While those matters become public record, whatever was discussed, negotiated, or even tentatively agreed upon in mediation remains private. Neither spouse can bring up what was said in mediation as evidence or as testimony during litigation, and the third-party mediator cannot be called in to testify as to what was said during the sessions. This ensures that a couple can speak openly during mediation without fear of anything being used against them now or in the future during divorce proceedings.

Talk to Our Office

If you would like to learn more about the benefits of mediation in your Boca Raton divorce, call or contact the Law Offices of David L. Hirschberg today to schedule a consultation of your case.

Related Posts
  • When Divorce Mediation May Not Work For You Read More