Video answers from Jacksonville family law attorney A. James Mullaney about mediation issues in Florida family law.
Why Should a Couple Getting a Divorce Consider Mediation?
Transcript
First off, you don't need to mediate your case if you already have an agreement. In that case, you should hire an attorney to make sure the papers are prepared correctly and to quickly guide your case through the court system. If you don't already have an agreement, you can benefit from mediation in three ways. The first benefit is lower cost. A successful mediation costs far less than litigation. While the cost of both mediation and litigation are based on hourly rates, a mediation takes far less time than a litigated case. The second benefit is time. A successful mediation will end your case almost immediately. A litigated case can take will over a year and involve many hearings, the production of documents, and perhaps a deposition. The third benefit of mediation is the agreement itself. At a mediation you can use much more creative solutions to create your Final Judgment. You will be able to spend the time that a judge can't spend and come up with an agreement that has advantages for both sides.
What is Mediation in Florida?
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Mediation is simply a meeting where both side of a dispute come together and - with the help of a neutral third party, the mediator - try to resolve their dispute. Any family law dispute will eventually end with a trial in front of a judge. However, Florida law requires that the parties attend a mediation prior to the trial. This requirement is applicable to divorce, paternity and modification cases. The great majority of cases settle at or before the mediation. This is because both parties can usually get enough of what they want to make the uncertainty and expense of a trial unnecessary. After a successful mediation the case usually proceeds to a short uncontested final hearing within a few weeks, but sometimes in a few days.
What happens at a Mediation?
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A typical mediation starts with both parties and their lawyers - if they have them - sitting together at a table, although a mediation can begin with the parties in separate rooms. The mediator then explains the rules. The first rule is that the mediation is confidential. Which means that you are not supposed to talk about what happens at the mediation with anyone else. It also means that the judge doesn't want to know what happens at the mediation other than that both parties attended the mediation and whether an agreement was reached or not. The second rule is that the mediator is neutral and he/she does not make decisions in your case. The parties make the decisions. The mediator is not a judge and will only offer suggestions based on their experience. While the mediator is typically a family law lawyer, he or she will not offer you legal advice. That's why you should have your own lawyer at the mediation. The third rule is that the cost of the mediation is equally divided among the parties. This can become part of the negotiation and one party can ask that the other party pay for the full cost of the mediation. After the rules are explained, the mediator will take settlement offers back and forth between the parties in the hope of coming to an agreement on all the issues raised in the case. If you reach an agreement, the mediator will type up your agreement so that both parties can leave the mediation with a signed copy of the agreement.
Is Mediation Required in Florida Family Law cases?
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The short answer is, "yes it is." Generally, in family law cases, those are divorce and paternity cases and modification of divorce and paternity cases, a mediation is required before you go to a trial. You do not need to have a mediation if you and the other side can come to an agreement without one. Buy, if you want the judge to decide your case, you are going to have to have to have a mediation. There are a few reasons for this mediation requirement. The first is, since most cases settle at mediation, doing away with the mediation requirement would greatly increase the number of trials which would delay all of those trials. The second result of mediation is since most cases settle, that keeps the cost of litigation much lower than it would be. In general, th cost of a mediation is a few hundred dollars, whereas the cost of a trial is many thousands of dollars.
What is the role of the Mediator in a Florida Family Law case?
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The mediator's first job is to tell you about the rules of mediation. the rules involve confidentiality and what role the mediator plays in your case. The mediator's second job is to listen to how each side would like the case resolved. This can be done with the parties in separate rooms, but is often done together. The third job of the mediator is to take settlement offers back and firth between the parties. In order to reach an agreement, the mediator may ask you to lessen or drop one of your requirements in order to get a similar concession from the other side. After a few rounds of this back and forth, cases are usually settled. If that is the case, the mediator's fourth job is to draft a settlement agreement for both side to sign. If you are unable to reach an agreement, the mediator only needs to tell the judge that both sides attended the mediation and that no agreement was reached. Lastly, it is important to note what the mediator is not. The mediator is not a judge. The mediator will not make decisions in your case. The mediator will not tell you that you are right and the other side is wrong. And the mediator will not give you legal advice.