by Tom | Jun 2, 2016 | News
Mediation is a form of alternative dispute resolution and an extremely effective means of resolving disputes that allows the couple to decide how a divorce or family matter is going to be resolved through the assistance and guidance of a professional divorce mediator. It is an informal meeting outside of court attended by the couple (and attorneys, if represented) for the specific purpose of trying to settle the divorce or family matter in a non-threatening environment.
What is the role of the mediator?
The mediator is a neutral and independent third party, not otherwise involved in the dispute or litigation, hired to help the couples engaged in the divorce process reach a mutually satisfactory comprehensive agreement. The mediator does not take sides in the matter or give legal advice to the divorcing parties. The mediator does not decide the case for the couples; he helps the couples reach their own solution in a fair, comprehensive and reasonable way to both.
What about confidentiality?
With very limited exceptions, what happens at divorce mediation stays at a divorce mediation. The couples cannot tell the judge what happened nor can the divorce mediator be called to testify at trial. This confidentiality allows the couples to speak openly and candidly without fear that something said can be used against them at trial.
How does the divorce mediation process work?
Opening – All parties and attorneys (if the parties are represented) gather together to discuss the process and the positions of the parties. The mediator discusses the mediation process and directs the discussion among the parties. There may be occasions, particularly in divorce or family law matters that are already in serious litigation, where the parties do not get together for an “opening”. The mediator will instead meet with each side individually to discuss the divorce process and determine positions.
Caucus – In a divorce or family matter where the parties are not represented by attorneys, the parties typically remain in the same room with the mediator. This arrangement helps the process of dialog, communication and agreement. (It also takes less time and therefore costs less.) In the event private discussions are necessary, the parties separate into different rooms and the divorce mediator meets with each side privately, going back and forth between the groups discussing issues, gathering information and conveying offers or demands.
Agreement – At the end of the mediation, a written document is prepared for the signature of the parties outlining the terms of the settlement agreed to by the parties. The mediator will assist in the preparation of this document but the terms and agreements are those agreed to by the parties. You should not expect to get everything you want in a settlement, as compromise is necessary to achieve a solution. However, by actively participating in the mediation process solution, you will more likely be able to live with it — certainly more than you would an adverse decision forced upon you by a court.
When is mediation appropriate?
Mediation is appropriate anytime, even in the middle of divorce litigation process.
- Before suit is filed
- Before extensive discovery is undertaken
- When a settlement can accomplish a result unobtainable in litigation
- When the parties want the ability to determine the outcome themselves
- When a earlier determination than going to trial is desired
- When a cheaper alternative than going to trial is desired
- When the parties want a matter to remain private
- When the parties need to resolve a dispute but desire to retain an existing relationship
- When ordered by the court
What are the benefits of mediation?
- Much lower cost than proceeding with attorneys, especially through trial
- An earlier and/or quicker resolution to the matter
- Parties can assess strengths and weaknesses of both sides
- More flexible and creative outcomes
- You control the outcome
- You have a chance to be heard
- You have ownership of your agreement and can be proud of the result
- You save emotional strain
by Tom | Jun 2, 2016 | News
Mediation is not only for couples that agree. It is a process designed to help any couple even when you may not be able to imagine any agreement would be possible. In fact, mediation is often most helpful when a couple finds it difficult to talk on their own. Mediation will address not only the legal requirements for a divorce or other family matters, but also your individual needs.
Divorce or Family Mediation may be right for you:
- for married couples who have made a decision to divorce;
- where a separation (but not necessarily a divorce) is needed;
- if saving time, money and anguish are more important than the desire to crush your spouse through long and expensive litigation;
- if saving the family’s assets to begin the next phase of your lives instead of huge legal fees makes sense;
- if you and your spouse creating a parenting plan and a financial plan to guide you in the future – not one done by lawyers and/or a judge – makes sense;
- if minimizing the emotional toll on a divorce can cause you and your children makes sense;
- if you prefer to keep the details of your case private and confidential;
- even if you seem to not be able to agree with your spouse on anything!
- if you need to have an existing agreement or order modified.
What the Mediator does:
A mediator is a neutral, impartial third party who does not take sides in the divorce process. His job is to help you and your spouse find an answer and agreement to the issues and questions that will need to be decided in your divorce. These issues can include:
- distribution of assets, money and property;
- allocation of debts;
- a parenting plan for the children (previously called custody and visitation);
- child support;
- alimony;
- Prepares the Marital Settlement Agreement and other court documents, if requested
The mediator will help and guide you in coming to an agreement that both have participated in achieving and that both can live with – rather than one that will be forced on you by the court.
What the Mediator doesn’t do:
- He is not a marriage counselor so he will not try to save your marriage;
- He is not a judge so he will not decide issues for you or tell you what to do;
- He is not your lawyer so he cannot give you legal advice (you can have an attorney review the documents prior to signing, if you like);
- He does not take sides or cast blame on anyone;
When Mediation May not Work
In circumstances where one of the parties may not be able to assert his/her needs or does not feel free to speak his/her mind without fear of consequences, mediation may not be appropriate. Mediation can still be effective even in domestic abuse situations by separating the parties with communications passing through the mediator.
by Tom | Jun 2, 2016 | News
We will help you cover all the divorce and family related mediation issues you need to address. These may include:
Parenting
- Decision-Making
- Living Arrangements
- School
- Activities
- Religion
- Health concerns
- Parenting Schedule
- Long Term/Interim Arrangements
- Vacations
- Holidays
- Travel
- Communication
- Relocation
- Third Party/Grandparents’ Access
Division of Assets & Liabilities
- Asset Identification
- Asset Valuation
- Asset Distribution
- Liabilities Identification
- Liabilities Distribution
- Non-marital Property
- Personal Property
- Marital Residence
- Sale
- Buy-out
- Refinancing
- Foreclosure
- Quit claim
- Timing
- Rental Property
- Stocks, Bonds, Stock Options
- Retirement Assets/Deferred Income
- Defined Contribution Plans
- Defined Benefit Plans
- Life Insurance
- Family-Owned Business
- Valuation and Disposition
Child Support
- Child support Guidelines
- Private School Tuition
- Medical Insurance
- Prior to Divorce
- Post Divorce
- Non-covered Medical Expenses
- Extraordinary Expenses
- Child Care
- Children’s Activity Expenses
- College Expenses
- Children’s Accounts
Alimony
- Budgeting
- Duration
- Amount
- Modifiable or Non-Modifiable
- Termination
Taxes
- Filing Status – Single, Married – Filing Joint or Separate
- Refunds/Liabilities
- Dependency/Exemption
Other Family Issues
- Pre- and Post-Nuptial Agreements
- Agreements Between Life Partners
- Paternity – Establishment, Support, Visitation
- Cohabitation Disputes
- Step and Blended Family Disputes
- Special Needs Cases, Such as Disabilities, Competency, Etc.
- Agreements Between Children Regarding the Care of Their Parents
- Will and Probate Disputes
by Tom | Jun 2, 2016 | News
Mediation time spent meeting with the couple is billed at an hourly rate that is much less than the hourly rate for a single divorce lawyer – and each side usually hires a lawyer. The typical hourly rate for divorce lawyers in Tallahassee/Panama City is $300 per hour. Fewer hours are needed for the mediation process; hence lower cost because the focus is on agreement and resolution rather than preparing for litigation and fighting it out in court. Typically, the mediation process will take between two and six hours depending upon the issues and personalities of the parties. The total cost is much less than the retainer would be for just one divorce lawyer. The typical up-front retainer in Tallahassee/Panama City is at least $3,000. There is no retainer for divorce/family law mediation. In the event the services of additional professionals (accountants, appraisers, etc.) are needed, their fees would be in addition to any mediation.
Payment for mediation services is expected at the conclusion of the session regardless of settlement or impasse.
Sliding Scale:
I am willing to offer special rates (Sliding Scale) based on ability to pay. when the parties are represented by an attorney from Legal Aid, Legal Services of North Florida, or parties who represent themselves (pro se). Call for details.
Standard Fee Schedule
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- There is a two (2) hour minimum ($250.00 due from each party) charge for cases reserved for a half a day or less. Details will be provided to each party prior to mediation in the “Mediation Confirmation, Fee, and Disclosure Statement”. (Revised 02/10/2021)
by Tom | Jun 2, 2016 | News
Mediation varies in length depending on the complexity of the issues involved, the readiness of the couple and the willingness of the couple to work together. While it can take as little as one session, the average length of time it takes to reach an agreement is two to four sessions. Each session is typically about two hours. Mediation is time-limited; it does not drag on indefinitely.
With a complete Marital Settlement Agreement, the divorce can be filed and finalized in a matter of weeks instead of months or longer. A divorce by mediation will be less stressful, adversarial and harmful than a litigated divorce case – not only to you but also to your children. You save money, time and emotion.
