In many states, Florida included, most family courts require a couple to have mediation during their divorce proceedings before their case can be set on the calendar to be heard by a judge in court. From the court’s standpoint, the main reason for requiring a mediation attempt is that family courts are so backed up with cases it helps to have some cases finalized and not have to have a judge do more than look over the signed marital agreement reached at mediation and sign a final judgment.
From the standpoint of a couple wanting a divorce, there are several reasons why a successful mediation is helpful. A successful mediation is one that results in a signed marital agreement signed by both parties. Mediation is a way to compromise divorce issues in an environment where each party has their attorney present. A trained and certified mediator helps keep parties focused and encourages compromise. A mediator cannot tell a party what decisions to make but can help a party look at both sides of an issue and project possible outcomes.
The main benefits of mediation are:
- The couple gets to decide for themselves how they will divide marital assets and debts. They can work out a parenting plan and develop a schedule for parental timesharing when minor children are involved. Alimony issues can be decided, as can concerns such as who gets to keep the family pet. If a signed marital agreement is not reached and the case must go before a judge to be decided, it will then be the judge who determines who gets what, alimony, and how minor children will be cared for. In other words, during mediation, the couple has control of the outcomes of their divorce, while in a courtroom, a judge has control.
- The cost of mediation is minor in comparison to court costs.
- Once a marital agreement has been reached and signed, and the final order is signed by the judge, the attorney is finished, and so are the fees needed to retain them. On-going divorce proceedings, including motions, interrogatories, answers to production of information, depositions, and court appearances, can and will become very expensive.
- The time it takes to reach the final judgment is significantly less when a marital agreement is reached in comparison to the time it takes to get a date on a court calendar. Sometimes it can take many months to schedule your day in court, while scheduling a mediation usually takes only a few weeks.
- The mediation proceedings are transcribed but will not be available to the public. On the other hand, the transcribed proceedings of a court hearing are public records and can be obtained by anyone for a small fee.
The advantages or benefits of settling a divorce proceeding at mediation are significant when compared to what can happen when a judge has the final say. Couples who are able to compromise and agree on how they want their final outcome to be ordered will find the process of divorce much smoother, less expensive, and faster if mediation is successful and a marital agreement is signed.
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