What is the Mediation Process
Divorce is not an easy subject for anybody. The process can be harrowing for several reasons. However, as of the 1980s, the process has become a little more bearable. This is thanks to the advent of divorce mediation and alternate dispute resolutions. All Tampa Bay area divorce cases now require mediation before going to court, as do many areas in Florida.
When families can make their own choices, both parties agree that the process is smoother. Nobody likes having a judge determine what’s best for every step of the process. The mediation process, and help from divorce lawyers, make this possible. A good starting point is to get the notion of settlement into your head early. The path to settlement involves solving problems and using financial disclosures to reach a mutually beneficial conclusion.
If you can settle, you can avoid a potentially lengthy and expensive litigation process.
Why Do We Mediate?
Mediation is just the process of trying to reach an agreement between divorcing parties. The mediator may try to solve some or all of the issues surrounding the divorce. Temporary issues – Such as the subject of arguments, disputes over housing, or expenses – And permanent issues are both discussed. The best result is that the parties walk away with a global settlement. This solves every issue of divorce permanently.
Pros of Mediation
One of the biggest benefits of mediation is that it allows you and your ex to work things out yourselves. The act of submitting your marriage to a third party you don’t know can be disorienting. The judge may not appreciate certain things about you that you both know quite well. Divorce cases are unfortunately very common. This can lead to delays in the litigation process. Partly because the case volume is so high, it’s preferred that couples seek mediation.
Through mediation, there is also a chance at a “win-win” scenario – In a divorce trial, there is usually a “winner” and “loser. The biggest advantage in our eyes is that mediation gives you complete control. This control is lost during a trial setting. If both parties can agree on what is best for them, they can work towards it without needing a judge. You are also able to discuss child custody openly. This simplifying effect can save a lot of time, money, and heartache.
Cons of Mediation
Mediation requires compromise, communication, and collaboration. It can be difficult or painful for couples unwilling or unable to work together. Divorces that involve a great deal of heartache and resentment may not succeed in mediation. In unbalanced relationships where one spouse has “all the say,” the mediation process can be equally unbalanced. In these situations, the more assertive spouse will get a better settlement. Some mediators, in rare cases, may even have biases. Another potential pitfall is that mediation doesn’t require the disclosure of assets.
The Bottom Line
Expect mediation if you live in Florida. Your divorce will likely enter the mediation phase early, and in many cases, it is very helpful. However, you need to be aware of what can go wrong, and you need legal representation. Check our website and call us for a consultation. We can help you prepare and teach you more about the process.