Through mediation, you and your husband can discuss ways to resolve your differences amicably and in a manner that is fair to both of you. There are several types of mediation: pre-negotiation/pre-settlement, mediation/consultation, and arbitration. You’ll need to determine which one is right for your situation; it will all depend on how involved you are and what your goals are. Here are some tips for getting started with mediation in Florida.
In a pre-negotiation/pre-settlement mediation, as in most types of divorce mediation, both parties are informed of the facts and the options, but neither is asked to provide documentation or to speak with counsel. Both parties are advised that they have the right to speak with legal counsel if they desire. The process typically begins after a spouse files a divorce action in county court. Once the divorce action has been filed, the parties are scheduled for a pre-settlement conference, which can last for an hour or an additional day, depending on the case. Mediation usually concludes after this conference, although some couples choose to continue a lawsuit after the settlement conference. Both parties are then given a settlement agreement, which they must sign.
Mediation in Florida can be accomplished in one of two ways: through private mediation, or Florida through an arbitration hearing. Private mediation occurs between the parties in the same room without the presence of outside sources such as attorneys and their clients. This scenario is preferred when there are a large number of divorcees because all parties are able to participate effectively and openly. Arbitration, on the other hand, involves a neutral third-party who acts as a mediator between the parties and provides them with a written decision after looking at all of the evidence presented to him or her.
It should be noted that although a mediator plays a key role in resolving many cases, he or she cannot give legal advice. In Florida, mediation is considered an alternative to litigation. For some couples, settlement is all that they need and choose to pursue. For other couples, either too much time has passed to move their cases to trial or the party involved simply does not wish to pursue a case in which they do not have a strong case. In this instance, mediation makes perfect sense.
In a Florida litigation mediation session, each party is provided with a written statement indicating what happens during the session and what decisions will be made regarding any disputes that arise. During the mediation process, each party is encouraged to listen to the other and make honest comments about the issues facing them. A neutral third-party individual will then help the couple come to a resolution to their problems through a negotiation process. If no agreement is reached, then the matter will go to trial.
However, many people worry about how much input they will have during the mediation process and if they can influence the outcome. The fact of the matter is that both parties are very comfortable talking through the situation and working through the solution. They want to get it over with and are interested in reaching a settlement as quickly as possible.Therefore, if they feel that one of the issues is not being Divorce Mediation in naples florida addressed properly, they will have the ability to voice their opinion. The two parties will also be able to meet face-to-face with a neutral third-party and sort out any of these issues face-to-face.
There are benefits to going through the traditional litigation or trial process, but there are also benefits to a mediation session.One benefit is that there is less pressure on 4441 Tamarind Way the couple involved. They can relax during the mediation process and neither party feels pressured. Also, mediation typically results in a quicker resolution because the issues can be discussed thoroughly and a resolution reached much quicker than if the case went to trial. Another benefit is that there is usually less emotion, which makes the mediation process more enjoyable for everyone involved.
Mediation In Florida tends to be quicker and more efficient than litigation because there is not a jury trial.Also, parties do not 34119 face a lot of embarrassment in going to court and there are no witnesses to provide credibility to either party. Once the mediation is over, both parties can make decisions about moving forward, but they may also wish to consult with legal counsel before proceeding. Both parties can also decide if they want to proceed with a settlement agreement or if they want to go to trial. If the parties agree to go to trial, then an evaluative mediator will sit with the couple and the lawyers to help them with their case and assist them in getting a good result