Mediation is a process where the parties and their lawyers meet in a confidential setting outside the presence of the court to try and negotiate a settlement with a neutral third party acting as a go-between.
In Florida, family law cases are first referred to mediation before they are heard by the court and most are done by Zoom nowadays. There are several reasons why this has become so prioritized. Foremost, mediation ensures both parties that they will have some control over the outcome of their case through negotiation.
If a case goes to trial, the judge then becomes the sole decision-maker. Second, it is the most economically efficient vehicle to resolve disputes. While every case is different, it’s safe to assume that settling a case in mediation is a fraction of the cost of going to trial.
Further, it’s important to note that at mediation you do not have to agree to anything and are free to leave at any time. Instead, it is meant to be an opportunity to resolve the dispute before the stress and financial costs of litigation set in.
Last, mediation can be particularly effective in cases with unique or atypical elements as it gives the parties and their attorney’s a safe space to devise innovative solutions.
Allows both parties to maintain control over the outcome through negotiation. Unlike a trial, where the judge is the sole decision-maker, mediation empowers you to reach a mutually agreeable solution.
Often more economical than going to trial. While every case is unique, resolving disputes through mediation typically costs a fraction of what a trial would.
You are not obligated to agree to anything during mediation and are free to leave at any time. This ensures that any settlement reached is voluntary and mutually acceptable.
Aims to resolve disputes before the stress and financial burden of litigation set in, making it a less adversarial and more amicable process.
Particularly effective in cases with unique or atypical elements, mediation provides a safe space for parties and their attorneys to devise creative and tailored solutions.
1. Referral to Mediation:
In Florida, family law cases are often referred to mediation before they go to court.
Selecting a Mediator:
Both parties agree on a neutral mediator who is experienced in family law. This mediator facilitates discussions and helps both sides communicate effectively.
2. Scheduling Mediation Sessions:
Mediation sessions are scheduled at convenient times for both parties. Many sessions are now conducted via Zoom, making it easier for all involved.
Each party prepares for the mediation by gathering relevant documents and information. This might include financial records, custody arrangements, and any other pertinent details.
During the first mediation session, both parties (and their attorneys, if present) make opening statements. These statements outline their positions and what they hope to achieve through mediation.
The mediator facilitates a joint session where both parties discuss their issues together. The goal is to identify areas of agreement and disagreement.
The mediator may hold private caucuses (separate meetings) with each party to discuss their concerns and interests confidentially. This helps the mediator understand each party’s position better and explore possible solutions.
Through joint sessions and private caucuses, the mediator helps the parties negotiate and work towards a mutually acceptable agreement. This may involve compromises and creative problem-solving.
Once an agreement is reached, the mediator drafts a written document outlining the terms. Both parties review and, if they agree, sign the document. This agreement can then be submitted to the court for approval.
If the agreement is approved by the court, it becomes legally binding. If mediation does not result in an agreement, the case may proceed to trial.
Whether you are on a Ramen Noodle budget or a Martha’s Vineyard budget, we can all agree lawyers are expensive. In fact, the only people who probably don’t feel that way are lawyers who own homes on Martha’s Vineyard.
That said, I strive to create value for my clients. Specifically, everything I try to do is with the thought of using the resources I am given to solve problems without my clients incurring any more expenses than are necessary. If you happen to retain me, don’t be surprised if in one of our conversations I say, “Let’s not turn a $50 issue into a $5,000 problem.”
As crazy as it sounds, sometimes it’s easier to speak with someone outside the hours of 9:00 a.m. to 5:00 p.m. I understand that and am available for consultations and appointments in the evenings and on weekends. I try to be available to my clients 24/7 and respond promptly to all phone calls and emails.
Frankly, I like talking shop. No matter who I talk to (other lawyers, judges, expert witnesses, or prospective clients) I always feel like I learn or discover something new. If you have a family law or other legal issue you wish to discuss, please contact my office and we can set up time to speak.
Work with an experienced family lawyer to navigate the mediation process and achieve practical, cost-effective solutions.
