Is Mediation Required in Florida Divorces?

When getting a divorce, you may be imagining a long and bitter courtroom battle in the future. Fortunately, only a small minority of divorce cases end this way. If you and your spouse can reach an agreement on all the terms of your divorce, such as alimony, property division and children issues, you can finalize your divorce fairly quickly and easily. On the other hand, you and your spouse will have to enter mediation if you cannot agree on all terms. At least this is true in Hillsborough County. Below, our Tampa mediation attorney explains more about the process.

What is Mediation? 

Many people think that mediation will stop divorce proceedings, but this is not true. In fact, mediation is a part of the process and it happens relatively early on. If there is a dispute about any term of your divorce, you will have to try and resolve it during mediation before you can proceed to a temporary hearing or a final divorce trial.

Mediation is a form of alternative dispute resolution that involves you, your spouse, and a mediator. Mediators are neutral third parties and their only role is to try and foster communication and compromise between divorcing parties. They do not make any final decisions, nor should they give any legal advice. If an agreement is reached during mediation, the mediator will file it with the court.  Normally, since Covid mediation is accomplished primarily via Zoom or other video, although there is still the choice of meeting in person.  Mediation is not always successful, though, and when that is the case couples have to go to trial where a judge will make all final decisions.

Three Benefits of Mediation 

It is not uncommon for people to be hesitant about entering mediation, particularly if they have never been through the process before. There is no reason to be hesitant, however, as mediation comes with many benefits. The main ones of these include:

• Resolve disputes faster:

  A divorce trial can take months and sometimes, even years. One reason for this is because a trial is subject to the schedule of the court. During mediation, you may be able to resolve your disputes in a matter of a few weeks, meaning you can move forward with your new life faster.

• More affordable:

  Due to the fact that mediation does not take as long to resolve disputes, it is also more affordable. The longer any legal case takes, the more it will cost you to resolve. During litigation, you will also have to pay court fees and attorney fees for trial representation.

• Keeping control:

  You will not have any control over the decisions made during a trial. Only the judge has the authority to make the decisions. Mediation allows you to make all of the decisions and so, you can keep control and create customized solutions that are as unique as your situation.

Call Our Tampa Divorce Law Firm for a Free Consultation

When going through mediation, it is important that you obtain legal advice as the mediator will not provide it. At All Family Law Group, P.A., our Tampa divorce attorney can offer the sound legal representation you need so you obtain the fair settlement you are entitled to. Call us now at 813-672-1900 or contact us online to request a free consultation.  Se habla Español.

For more information: 

https://www.flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html