Divorce Mediation: An Alternative to Costly Litigation

 
Christopher and Kate have been married for 12 years with two minor children. After six months of marriage counseling, Christopher and Kate decided that they could not make their marriage work and divorce was their only option. They had witnessed their friends and co-workers engaged in costly and lengthy divorce litigation. Because of this, both Christopher and Kate wanted to avoid litigation. However, they did not know how they could resolve their issues and reach an agreement while avoiding a battle which they feared would hurt their children and drain their savings. Christopher wanted the house sold and the children to attend public school. Kate wanted to stay in the marital home until the children completed middle school, and she also wanted the children to continue with their private school for continuity. Mediation is their alternative to litigation.  

What is divorce mediation?

Family/divorce mediation is a process designed to assist individuals who are separating, divorcing or dealing with issues after divorce to negotiate an acceptable agreement. It is an informal, confidential, and non-adversarial process for resolving disputes. You and your spouse meet with a neutral third party (mediator). With the mediator’s assistance, you and your spouse work through the issues related to your divorce, such as division of assets & liabilities, alimony, child support, living arrangements/timesharing for the children, parental responsibilities, and tax considerations. Unlike a judge or arbitrator, a mediator does not decide the outcome, but rather offers solutions and is a facilitator of communication and negotiation.

Why choose divorce mediation?

Mediation provides a way to work out a fair, legally enforceable settlement while keeping your divorce from becoming an endless, bitter, and expensive war. Mediation allows the parties involved, not the court, to make decisions affecting their future. It is confidential – there is no public disclosure of personal issues – unlike in litigation where both the trial proceedings as well as all papers filed are open to the public. Since mediation is voluntary, confidential, non-binding, and required by Florida law prior to trial or hearing before a judge, there is no risk and there is an opportunity for both parties to resolve their case without great expense, time, and emotional turmoil. 

What is the difference between a mediator and an attorney representing you in a divorce?

The mediator remains neutral between the husband and wife. The mediator can’t give legal advice to either party and also can’t act as a lawyer for either party. Each party is encouraged to consult with an attorney prior to mediation, between mediation sessions, and/or prior to signing an agreement. 

Is mediation less expensive than using lawyers to handle a divorce?

Yes, mediation typically costs 65% less than traditional litigation. The cost of mediation depends on the number of sessions needed to reach an agreement. In some cases, agreement is reached in one session; other cases require multiple sessions. In contrast to traditional litigation, there is no retainer; mediation services are charged on an hourly basis for the time the parties spend in session. After the parties reach an agreement, there is an additional administrative charge for the time spent in drafting the settlement agreement. Mediation fees are generally shared by both parties and are paid at the end of each session. 

What if my case is too complex for mediation?

No case is too complicated to be settled using mediation. In complex cases, the parties often consult during the mediation process with outside experts such as accountants, financial advisors, appraisers, psychologists, and attorneys.