Divorcing couples from Jupiter to Wellington often hear about mediation from their attorneys. Mediation is a process where a neutral third party assists in divorcing couples applying common grounds and helps and attempts to assist them in resolving issues during their divorce cases. Such assistance can take tens of thousands of dollars in money and much emotional anguish and turmoil.
Attorney Cheryl R. Rents, a dissolution of marriage lawyer located in Pennsylvania recently discussed in her blog four ways divorce mediation can assist cases:
- Focus: Mediation assists both parties in focusing upon issues rather than on their anger, frustration or other emotions they may experience with one another; Schedule a Personalized Divorce Assessment With an Attorney Now!
- Qualifications: A good mediator has experience with the law and with negotiation as well as training in mediation. Don’t be afraid to use your attorney to assist you in choosing a mediator who has a reputation of being affective in settling cases;
- Analysis: Mediation assists the parties in organizing and analyzing their financial positions, timesharing/custody arrangements, and other issues as thoroughly as they would be analyzed during a trial or temporary relief hearing; and
- Breathe and Talk to Each Other: Mediation can help you resolve any issue you could resolve in court including financial settlements, custody, timesharing, and support; flexibility. Through mediation the parties have more flexibility in deciding how to resolve their issues. They are not necessarily bounded by the confines of what the law dictates. However, if the parties attempt to resolve their issues in court, the judges are bound to follow the law. Consequently, judges have far less flexibility in resolving disputes in a disolution of marriage case than the parties possess during a mediation.
Attorney Rents points out that mediation may not be a good idea when violence or the threat of violence has occurred. In this case, the threat to one’s physical safety and the broken trust makes agreements tough to reach. In addition, if one spouse is mentally impaired by illness, injury or substance abuse, mediation also may not be a good choice. Discussing these issues with your attorney before deciding on mediation is often the best option.
In Florida mediation generally is required in all divorcing cases. Consequently, when divorcing, a person should work carefully with their attorney to be fully prepared to maximize the benefits that mediation can offer. To learn more about mediation, consult with an experienced dissolution of marriage or family law attorney.
