How Can I Make the Most of Mediation During My Florida Divorce?
Mediation is typically required in Florida divorce cases that involve the division of property, time-sharing, and child custody and support issues. The goal of mediation is to help the two spouses reach an acceptable agreement without the need to go to court. Although some spouses begrudgingly participate in mediation, the process has many benefits, and if you can settle, it will be cost effective both emotionally and monetarily. Additionally, there are some tips that can help you make the most of mediation.
Work with a Tampa Divorce Attorney at Mediation
Mediators are neutral third parties and their only goal is to help the two spouses communicate and compromise so they can reach an ultimate resolution on all terms. Mediators do not make any final decisions, nor do they offer legal advice. As such, it is critical that you work with an experienced Tampa divorce attorney who can advise you of your legal rights and options during the mediation. Having an attorney with you during the mediation can also ensure any agreement reached in mediation is fair.
Be Prepared When Going to Mediation
One of the best ways to ensure mediation proceeds smoothly is to come prepared. Your attorney will get from you the documents you need, including tax returns, bank statements, credit card statements, life insurance policies, and more. These documents are included in mandatory disclosure, which you must provide to us prior to any mediation. Your attorney will review this paperwork and again with you so you have a clear understanding of your financial situation and other relevant facts.
Be Open to Communication in Mediation
Mediation should never be combative, as that can prevent the spouses from resolving all divorce terms. Go into the process with the intention of listening to your spouse and their perspective. Do not interrupt your spouse when they are speaking, and do not be confrontational. If you can act civilly and amicably, you have a much greater chance of success during mediation.
Usually, the parties are together initially for an introduction by the mediator; however, mediation can be conducted where the parties are separated and the mediator goes between the parties to offer their solution. Most of the time, mediation is conducted via Zoom or otherwise by video. If you physically get together for the mediation, then you would be in separate rooms.
Do Not Become Emotional During Mediation
Disputes can occur during mediation and the process is meant to resolve them. However, if you become heated and emotional, this makes it much more difficult to reach a resolution. If you become overly emotional, it can cloud your judgment, which can lead to bad decisions. That is why it is often best to stay separated and concentrate on controlling your feelings.
Identify Your Goals for Mediation
One very effective way to keep your emotions out of the mediation process and to communicate more effectively with your spouse is to identify your goals before you even start the process. Consider factors such as marital property that is most important to you, how much time you would like to spend with your children, and whether you will require alimony post-divorce.
Understanding your goals can provide clear direction regarding when to stand firm on an issue, and when to compromise with your spouse. the It is very rare where either party is happy with their agreement as they have to compromise and accept sometimes terms they do not like.
Our Tampa Divorce Attorneys Provide the Representation You Need in Mediation
At All Family Law Group, P.A., our Tampa divorce attorneys have extensive experience since 1997 using alternative dispute resolution (mediation) methods as an effective means of resolving disputes between divorcing couples. If you are considering divorce, or if your spouse has already served you with papers, we are here to help. Call us today at 813-672-1900 or fill out our online form and we will contact you to schedule a free consultation with one of our experienced attorneys. Se habla Español.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html