How to get started with mediation

  • gold-broken-ringsThe first step is to call for a free consultation to see if divorce mediation is right for you. This consultation is generally a half-hour video conference. This consultation will help you understand the mediation process, how it works, how we get to a mediated settlement agreement, the court process for obtaining a divorce, and get your questions answered. Tom will be glad to provide your spouse with the same information.
  • Then you schedule an initial session convenient for both you and your spouse.  Even if you have already started the legal process by filing for divorce (with or without attorneys), you can still benefit from the cost and time savings by mediating your divorce to an agreement. Mediation will be required by the judge anyway.
  • Tom will advise you of what will be covered in your first session and any preparation or documents that will need to be brought to the mediation.
  • Tom will help you have the difficult but necessary conversations you need to have. With his help, you’ll clarify the issues and explore your options. Then you will be able to evaluate which ones best serve both of your needs and interests so that you can reach agreements that work for both of you.

Filing Your Documents

The mediated marital settlement agreement is necessary in order to obtain an uncontested divorce in Florida. However, it is only one of a dozen or more documents that must be carefully prepared and filed in order to get to a final hearing and obtain the divorce.

As part of the service offered to couples seeking a divorce, I work with someone who specialized in preparing the necessary documents. For an additional flat fee, they will prepare the required papers and documents for the court. All you will need to do is file with the appropriate court.

Tom began providing this service at the request of his clients who found the court process confusing, frustrating, and sometimes overwhelming. Worrying about getting all the papers right is the last thing you need to have on your mind during this stage in your life. Also, the clients reported they sometimes wound up spending more for an attorney to do this work than the mediation cost.

 

Mediation and Attorneys

Mediation and Attorneys
Trust Us with Your Mediation Services in Tallahassee & Panama City, FL
People frequently want to consult an attorney when a separation or divorce seems to be a reality. Mediation is not a substitute for the services of an attorney; it is an alternative to the same end – without the high cost in time, money and emotion. Although Steve is an attorney, as your mediator he will not represent or give legal advice to you or your spouse. Most couple will complete the mediation process without ever finding the need to consult with an attorney.
Do We Need an Attorney?
• Before mediation – Steve encourages any party who has a specific legal question or issue that is significant in the divorce planning process to consult with an attorney before the mediation so that the party will be informed about the particular right or obligation that will ultimately become part of the settlement agreement.
• During mediation – If an issue comes up for which a party wants specific legal advice, Steve encourages the party to consult an attorney for the answer. During mediation, we may have a general discussion of legal principles or topics, but not specific advice to a particular party.
• After agreement – When the parties have reached a mediated settlement agreement, they are encouraged to take it to an attorney for review although there is no requirement to do so.
• Court system – Since filing for divorce involves the court system which can be frustrating to deal with and a number of documents must be prepared and filed in order to obtain a divorce, we can prepare and file all of the required documents and all you will need to do is appear at the final hearing.
When you consult with an attorney, we encourage you to work with your attorney as counsel or as a consultant rather than as a zealous advocate. The difference in deciding to use mediation is that you now make the decisions that will affect your life. An hour of an attorney’s time may be all you need to answer the questions you may have.
What if I’ve already been to an Attorney?
Even if you have already been to an attorney or even paid a retainer, simply advise the attorney that you want to mediate your divorce instead of litigating it. The attorney can advise you as to any specific issues before or during the mediation. The attorney can appear with you at mediation although it is generally better (and cheaper) to use the attorney as a consultant rather than as an advocate. You are not paying the high hourly rate for the attorney if he is not there. Also, unless both parties are represented at the mediation, the unrepresented party will often feel at a disadvantage and agreement is harder to achieve.
What if we need the help of other professionals?
If issues arise during mediation that require the expertise of other professionals such as financial planners, CPAs, actuaries, business valuation experts, and other specialists, they can be called upon as needed.

The Changing Structures of Families

Although most people picture a traditional family as a married man and woman and their biological children, this has not been the case for many years. For example, a family may consist of a single parent, a gay couple, or unrelated adults who live and raise children together.

Divorce forces many children into single-parent families or blended families created by adults living together or remarrying. About 33% of children are born to single mothers, and about 10% of children are born to single teenage mothers. Many children are raised by grandparents or other relatives. Over 1 million children live with adoptive parents

Even traditional families have changed. Often both parents work outside the home, requiring many children to receive regular care outside of the family setting. Because of school and career commitments, many couples postpone having children until their 30s and even 40s. Changing cultural expectations have resulted in fathers spending increasing amounts of time raising children.

Conflicts develop in every family, but healthy families are strong enough to resolve conflicts or thrive despite them. Whatever their makeup, healthy families provide children with a sense of belonging and meet children’s physical, emotional, developmental, and spiritual needs. Members of healthy families express emotion and support for each other in ways consistent within their own culture and family traditions.

The Effects of Divorce on Children

From – Merck Manuals Consumer Version