Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve a dispute.

In Family Law mediation, parties who are unable to agree on issues such as child custody or visitation, child support, alimony, and division of marital assets hire a mediator to help them reach an agreement.

Mediation also helps the parties understand how the courts make decisions in regards to the issues they are having.

Mediation is an opportunity for the parties to make decisions about their divorce or family issues together, rather than leaving it to the courts to make the final decisions.

During mediation the mediator facilitates negotiations between the parties to help them come to an agreement efficiently and peacefully.

The mediator will guide the parties so they both fully understand the benefits of compromising and the potential pitfalls of being stubborn, especially when children are involved.

Applying their knowledge of the law and using their mediation skills, mediators will work as a peaceful, neutral third party between the disagreeing parties to help them come to an agreement.

After the mediation, the mediator will put the agreement in writing and have both parties sign the agreement and it will be submitted to the court.

In Florida, if you are having a Family Law dispute, if you are filing for divorce, trying to establish a custody or support agreement, or modify an existing agreement, the court will likely refer you to mediation before it will hear your case.

So, it is usually beneficial for you to try to resolve your dispute through mediation since you will most likely end up in mediation before going to court anyways.

There are many reasons why mediation would be beneficial for both parties. The benefits of mediation include:

Mediation Is Typically Less Time-Consuming Than A Lawsuit

In mediation, since the parties in dispute have a trained mediator helping to guide them to a resolution, an agreement can be reached much faster than if the parties went through a full lawsuit over their issue.

Mediation Can Be Much Less Expensive Than Going Through a Full Lawsuit

Since mediation can help you resolve your dispute faster than traditional litigation through the courts, it is also less expensive.

Traditional litigation can be very expensive and the total costs can become unpredictable, but with mediation, costs can be controlled since both parties have more control over the process.

When choosing to resolve your dispute through mediation, the parties may retain their own personal lawyer to represent them and help them through the mediation, or not.

Although the parties may still be paying a lawyer to represent them in addition to paying the mediator to help guide the negotiations, using mediation can still be less expensive overall since the agreement can be reached more expeditiously.

Mediation Gives The Parties More Control Over The Outcome of The Agreement

During mediation both parties are able to be part of the negotiation process and with the guidance of the mediator they can have more control over the outcome of the agreement.

In contrast, if your dispute goes before the courts, the Judge will decide on the outcome and the parties will have no control over the final terms of the agreement.

Therefore, mediation is more desirable to each party as far as the overall satisfaction of the final agreement.

Mediation Can Help Keep The Parties On Better Terms With Each Other, Preserving Their Relationship

Mediation encourages the parties to communicate effectively with the common goal of coming to an agreement, rather than attacking one another.

Since both parties have control in the final outcome of the agreement, this will allow for a more peaceful relationship between the parties.

If a dispute ends up going to court and one party feels they did not “win” this can result in long-term discord and resentment between the parties.

However, with mediation, the possibility of a peaceful resolution where both parties can remain at peace with each other is higher.

This can be beneficial to the parties in the long-term, especially when children are involved.

Mediation is Confidential

Parties usually prefer their disputes to remain private, especially when their disputes involve family issues and children.

Unfortunately, court proceedings can potentially be public, thereby compromising your privacy in the disputed matter.

Unless specifically agreed upon otherwise, mediation is entirely confidential to the parties involved, keeping your family law issues private.

Mediation is Voluntary and Convenient

Mediation sessions are voluntary and either party may withdraw from the process at any time.

In addition, the location of the mediation is arranged so that it is convenient to both parties.

During in-perons mediation sessions, each party has their own room as well as a separate room for joint meetings.

During virtual mediation sessions, mediation can be conducted right from your computer, tablet or phone.

Mediation is Informal

The mediation process is informal and flexible for both parties. Other than the mediator, attorneys are not necessary.

Also, there are no formal rules of evidence and no witnesses.