Mediation is required in most family law disputes because it works. There are numerous advantages to resolving your family law dispute in mediation rather than through litigation. Finding the right Florida family law mediator is a key part of resolving your family law case. Mediation empowers parties to control their own future.
Typically, the initial cost of mediation is shared equally by the Parties. Under section 61.16, Florida Statutes, the Court has the authority to allocate the cost of mediation and attorneys' fees based on one party's need and another party's superior ability to pay. As a result, in circumstances where one party has substantially more income than the other party, it is customary for the party with the greater income to pay for the entire mediation or a majority of the mediation.
A mediator helps facilitate a resolution by understanding expectations and helping shape settlement negotiations. A family mediation may start with the parties in the same room or in different rooms. Separating the parties is called "caucusing." This is often done because it allows each party to speak more openly in a safe environment about their concerns and their negotiation strategy. It also allows a party to consult the attorney before making an offer. Additionally, in cases where emotions are high, a party's flippant comment could scuttle the whole mediation process. At times, mediators can act as "filters," relaying settlement communications without any unnecessarily derogatory comments or counterproductive statements made in the heat of the moment. Accordingly, many mediators strategically keep the parties and their counsel in separate rooms.
After explaining the mediation process and discussing issues such as the limits of mediation privilege and confidentiality, a family mediator might ask one or more of the following questions:
----Tell me about your family?
----What are we going to address today?
----Are you living separately?
----What are you doing with your children now?
----How are you currently handling financial obligations?
----Have any issues already been resolved?
----What are your goals?
These questions are designed to narrow the issues and ascertain where the real work is going to take place (i.e., which parties and on which issues). An experienced mediator will listen to the parties, get an understanding of the issues, and get the negotiations going as early in the process as reasonably possible.
How Do I Select a Family Law Mediator?
If you are represented by an experienced Tampa divorce lawyer or Tampa family law attorney, your attorney will likely play a large role in selecting a mediator for you. In some instances, your attorney might mention two or three mediators proposed by the other side. It is very hard to tell which family law mediator will work best in your case. Some attorneys choose a mediator they feel will work best with the more difficult party (hint: in nearly 100% of family cases, your client feels the "ex" is the more difficult party). Alternatively, you may choose a mediator based on his special knowledge or experience, such as someone with experience in military divorce mediation or a mediator with substantial experience with child custody litigation.
If you are interested in comparing some potential mediators, please review this publicly available directory of Tampa family mediators.
Contact Richard J. Mockler at Davis Mockler Law, P.A. to speak directly with an attorney who is an experienced advocate in divorce and family mediation in Tampa, Florida, regarding the details of your case. Richard J. Mockler is also a Florida Supreme Court Certified Family Mediator who is available to mediate your case.
Credit cards accepted • Easily accessible • Call (813) 331-5699 for a consultation or case evaluation.
Please also feel free to schedule a visit to our office, which is conveniently located at 217 N. Howard Ave., Suite 201, Tampa, FL 33606.
Mediation allows parties to negotiate an agreement with the assistance of a neutral facilitator.
Parties to a family law dispute frequently know their circumstances much better than a judge, who only has a limited window to learn all of the important facts and tailor a solution.
The parties are typically in the best position to decide what is right for their family.
An experienced Tampa family law mediator may be able to help the parties reach an agreement, bring their case to a close, and move on with their lives.
Family litigation can be a painful and difficult process for all parties. Even if you were the one to make the final decision, you know a dispute in family court could affect your financial security, your emotional stability, and the well-being of your children.
When facing a divorce or family law case, it is important to remember what is most valuable, namely repairing or maintaining your life and preserving or creating a healthy environment for your children. A Tampa family law mediator can work in a neutral and unbiased way to help you and your spouse negotiate a resolution in an environment that is conducive to open communication and finding solutions that work for you.
Family mediation may be appropriate for you if you have a family law dispute and you are seeking to save money in the process and resolve your dispute through negotiation and settlement. A Florida Supreme Court Certified Family Mediator can help facilitate a resolution by understanding expectations and helping shape settlement negotiations.
Call Richard J. Mockler at (813) 331-5699.
Copyright © Tampa Divorce Attorneys All Rights Reserved