If you are involved in a Florida divorce, you may have heard that most divorce cases do not go all the way to trial. Many divorce clients are able to avoid the time and expense of going to trial by working with their attorneys to negotiate agreements which cover property division, parental responsibility and time-sharing, spousal and child support, and other issues related to divorce.
Negotiation works wonderfully for some people, but it does not work for everyone. Fortunately, if negotiation does not seem to be working for you, you and your soon to be former spouse can try to settle their divorce using an alternative dispute resolution process called mediation. Mediation is like negotiation, in that it involves an exchange of ideas between the parties. It is different in that it involves a neutral third party, the mediator, who does not represent either party. The mediator facilitates the process of mediation by keeping the conversation going, and by helping parties work through any disputes that may arise as they discuss the various issues in their divorce case. Parties who mediate their divorces attend mediation sessions with their attorneys, who counsel them regarding the advisability of accepting any of the agreements which are proposed by the other party, and help them to propose terms to the other party which represent their interests.
One important advantage of using mediation to settle a divorce instead of going to trial is that the parties have much more control over the outcome of their case than they would if a judge decided the outcome for them. Couples can settle any or all of the issues in their divorce through mediation. For example, a couple can use the process to split up their assets in a way that makes much more sense for them than any property settlement that a judge would order. Similarly, parents who are divorcing can use mediation to create parenting schedules and parenting plans which are just right for their family’s needs and goals. Child support, alimony, and other issues can also be addressed through mediation.
Cases that are mediated are usually resolved faster and more inexpensively than those that go through the court process, even after adding in the cost of the mediator’s fees. Perhaps just as important as the degree of control over the outcome of mediation as well as the savings of time and money, parties who mediate their divorces experience much less stress than those who go to trial. You deserve to get more of what you want out of your divorce, in less time and with less stress.
If you would like to learn more about your legal options regarding your Florida divorce or any other important family law matter, please contact the Law Offices of James S. Cunha, P.A. at at (561) 429-3924, or via email at [email protected]. We serve family law clients who are located in the Palm Beach, West Palm Beach, Boca Raton, Wellington, Jupiter, Palm Beach County, Broward County, and Martin County.