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In most Florida counties, Broward being one of them, parties to a family law
lawsuit, such as a divorce, Modification of Custody or visitation, now generally
referred to as a Parenting Plan or timesharing, Modification of Alimony or
Child Support, or Relocation of the Custodial Parent, must mediate prior to
going to Trial.
Mediation, in concept, is a simple
process. A
neutral third party, usually a very experienced family law attorney, helps
negotiate a settlement between two spouses, ex-spouses, or parents who
are in some type of family law litigation or involved in a dispute. A settlement
derived at mediation is presented to the Judge, who then, almost without
exception, approves the agreement, often without you having to go through
the time, expense and emotion of a trial. That’s it, case over.
Mediations are handled informally and confidentially. A
trained mediator will help the parties come to terms with one another. The
mediator doesn’t force you to settle, but can facilitate the negotiation
process that assists the parties in reaching agreement with each other.
It is really is like a business negotiation, albeit more emotional, when the
mediation deals with the financial aspects of a family law case. Offers
and counteroffers are made until the parties reach an agreement. Even if
you can’t agree on all of the issues, you can settle some or most of
the issues at mediation and leave the unresolved issue or issues for the judge
to decide. |
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Your attorney will represent you and prepare you for mediation and of course
will be present by your side during mediation. The ultimate decision to settle
is yours. Your lawyer makes offers, fields offers, tells you his or her opinion
on the offer(s) and counteroffer(s) and advises you of how close he or she
thinks the proposed agreement is what a judge may order (decide for you!) in
your trial. If an offer is, in a simplified example, let’s say $3000.00
less on a financial issue than you wanted, but it will cost $2,000.00 to litigate
the issue with no guarantee of a victory, the process, in this limited
instance, becomes a gamble and question of common sense.
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