The Role Of Family Mediation In A Divorce

The degree to which mediation will play a role in your divorce depends on where you file. Because divorce law differs by state, certain conditions will mandate that you attend mediation before bringing your issues to a judge. In Florida, you will likely have to go through mediation before trial if you are involved in a contested divorce. In other areas outside of family law, a judge may strongly encourage mediation or require people to attempt to resolve their issues through a third-party mediator. 

We also encourage you to view mediation as a positive thing. Mediation is your opportunity to retain an element of control during a uncertain time. Pursuing litigation is an option, but it should not be your first one. If this is your first time being a litigant in the court system, and you and the opposing party cannot come to an agreement, a judge will ultimately decide the division of assets, child custody, and alimony. That is the opposite of retaining control and having the power to decide what happens to you family. Additionally, litigation may cost you tens of thousands of dollars (if not more), and there is no guarantee that you will leave the court with what you asked for. 

How Mediation Can Factor into a Divorce

Like many other states, Florida has no-fault divorces. Neither you nor your spouse will have to show that the other did any wrongdoing. If you believe your marriage to be “irretrievably broken,” you must state as much. The court will not ask you why; you will not have to elaborate further. Anyone upset may crave a sort of retribution by having their day in court, where they can explain what the other person did to cause the end of the marriage. Though you may be angry, even justifiably so, pursuing a form of misguided vengeance in a court isn’t a form of resolution. Instead, decide what you want, what you are willing to be flexible on, and what you are ready to give up. 

If you read that last sentence and asked why you should be the one to bend, switch your mindset. Here are some critical areas of the divorce process that couples may find themselves at opposite ends on:

  • Division of assets (and debts)
  • Child custody
  • Alimony 
  • Child Support

If you are going to resolve your divorce between yourselves or through a mediator successfully, both parties must be willing to negotiate. During the mediation process, you can have your attorney present. In many situations, the mediator will have you and your spouse in separate rooms to prevent problems from devolving into arguments. While the mediator travels between rooms, they will work on gathering information, figuring out what both parties want out of mediation, evaluating options, and negotiating an appropriate settlement. If successful, the agreement will go to a judge to review and approve.

Find Your Resolution 

As complicated as your divorce may appear, there are resolutions to each challenge you face. Our purpose is to guide you through each one while instilling a sense of respect and mutual understanding. If you have children, it is essential to remember that you will have to develop a new co-parenting relationship with this person. The more you tear each other down now, the more you must rebuild later. We will always remember this, and we will always advocate for what is in your long-term interests. Contact our office and schedule your consultation with us today

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C. Alvarez Law

C. Alvarez Law is a Central Florida-based law firm that helps families find resolutions to their most complex family law issues. We are dedicated to providing the support and advice you need for a positive outcome and a better life. Before you can move on with your life, you need closure. Our firm is diverse, energetic, and passionate about delivering this for the clients who have placed their trust in us. Let’s work together today to find a better tomorrow.

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