Divorce Mediation

Both parties and their attorneys must meet with a mediator and attempt to work out an agreement on all contested issues.  The court will not enter a final judgment, or schedule a final hearing until the parties attempted to settle at mediation.

    Most mediators are family law attorneys or have masters degrees in counseling.  The Florida Supreme Court must certify a mediator before they can provide this service.  The mediator must not show any preference for either party.

    The important thing to note is the mediator has no authority to force a settlement.  Any agreement must come from you or your spouse.  And everything in mediation is confidential.  No one can later say to the judge "he said" or "she said" during mediation.  If you do not come to an agreement, nothing said during mediation counts.  If you do come to an agreement, that agreement is written up and signed by both parties.  The next step will be a 5 minute hearing before a judge - where the final judgment is signed.

Questions about Divorce Mediation and Mediators:

Q: How is the divorce mediator appointed?  
A: If the divorce has been filed, the court will enter a order of referral to mediation.  Most courts have mediation departments that will assign a mediator.  If you have an attorney, that person will negotiate the selection of the mediator.

Q: How can I get the mediator to decide in my favor?
A: This is a trick question!  Mediators have no authority and never make decisions.  The only thing your ARE required to do is show up.  The mediator cannot force anyone to do anything.

Q: Can I tell the judge what my spouse said in mediation?
A: Mediation is confidential.  What is said there stays there.  A mediation report is sent to the court.  That report can say there was an impasse, or contain the text of a signed agreement.  Nothing else concerning the mediation session can be reported to the court.

Q: What happens if we come to an agreement?
A: The agreement is written up by the mediator.  If everyone is in agreement with the terms, everyone signs.  The agreement may be titled: mediated agreement, mediated settlement agreement, or marital settlement agreement.  In any case, the mediated agreement is binding the moment it is signed and you must immediately obey the terms.

 

   Divorce can be the single most important event in your life.  Make sure you gather lots of information so you can make informed decisions.  Many people can benefit from the advice of a good, honest, loyal divorce attorney.  The Divorce Center can provide a divorce attorney that can help you protect yourself.  A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486

    

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