Is Mediation Mandatory?

Under Florida state laws, when a couple files for divorce, it is mandatory for them to go through the mediation process if it is a contested divorce. This mandatory rule is not an attempt to try and preserve the family unit, but to facilitate the smooth sharing of custody of any children and the marital assets, especially when children are involved. The mediation process is meant to help the divorcing couples deal with the necessary processes to split their assets and child care, child support, and other expenses without resorting to acrimonious exchanges and attacks on each other.

How to Find a Mediator

Once you file for divorce under a Florida family court, the judge will decide on the need for a mediation process after reviewing your case. Once the judge orders the mediation process, you have up to ten days to find a mediator. All mediators under Florida State laws have to be certified by the Florida Supreme Court. You can find a mediator from the Florida Supreme Courts Dispute Resolution Center or the Family Court Services division of your local circuit courts or the court clerk. All mediators are certified by the Florida Supreme Court, you can rely on them to be impartial and fair.

How the Mediation Process Works

The Florida family court system stipulates that the mediator will meet with both parties to the divorce suit, duly represented by their lawyers. Though the presence of the lawyers is not a legal requirement, it is recommended because only your lawyer can counsel you. Your lawyer can advise you on the right questions to ask and counsel you on other contentious issues. Therefore it is better to attend the mediation sessions with your lawyer. This is especially true in cases where one party doesn’t want the divorce to go through.

What to Ask or Disclose During Mediation

Mediation is the court-recommended process through which couples who have filed for divorce can negotiate terms, agree on issues like alimony, child custody, child support and splitting of marital assets. In divorce cases where there is much acrimony between the two parties, the mediator tries to find an easy solution to contentious issues with a fair splitting of the assets and a mutually agreeable agreement to custody and visitation rights. These are the main areas where, if an agreement is not reached upon to serve the best interests of all the parties involved, the couple and any children might suffer for years to come. Discuss with your lawyer what you want and what you are prepared to offer. It is better to have a demarcation line and stick to it, so that when you are in a mediation session, you can state what you need and also what you are ready to offer, without any ambiguity. This makes for easier decision-making process and facilitates faster mediation.

Collaborative Mediation

When the couples hire attorneys to represent them only for the mediation process, with the aim of arriving at a mutually acceptable agreement, it is called collaborative mediation. This gives a further impetus to both the parties to reach an agreement regarding the terms of their divorce, as otherwise they have to file for divorce in the family court with different legal representation.

At Kenny Leigh & Associates, we are constantly aware that most often, in cases of divorce, especially involving young children, the family courts inordinately favor the mother.  To redress this, we work hard to bring fair results for our clients when negotiating alimony, child support, and custody and visitation rights. We operate from four different locations in Florida apart from Jacksonville, namely Boca Raton, Gainesville, Daytona Beach and Fleming Island. Our entire client list is made up of only men and every associate in our firm is well versed in family law. If you are a man thinking of divorce, call us today to schedule your consultation.

By Kenny Leigh

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