MYTHS ABOUT MEDIATION

MYTH: We are not fighting we don't need Mediation.

 REALITY: Mediation is a cooperative; problem-solving process that gives couples the opportunity to control the decisions that will affect their future. Mediation allows couples to deal with their separation or divorce outside of a courtroom setting, and usually is less costly -- financially and emotionally -- than litigation. A mediator helps you identify the points on which you already agree, then works with you and your spouse to create practical, informed solutions to the others. Then reduce the agreement to writing in the format that the court wants.

MYTH: If my spouse and I aren't talking to each other, mediation won't work.

REALITY: Some couples mistakenly believe that mediation won't work for them because the emotional discord between them negatively impacts their ability to communicate effectively. We recognize that many couples are unable to communicate on their own. Mediation provides the opportunity to successfully resolve family issues in ways that the couple has not done before. By guiding and facilitating dialogue, gathering information and clarifying issues, our mediation team guides the couple throughout the entire process, allowing the couple to determine their own best interests after becoming informed about all the available options.

MYTH: If I go to court and the judge hears my story, I'll get a better result than if I mediate.

REALITY: It's natural for each person to feel that he or she has been wronged and that a judge will "make it right." Some people believe that a trial will allow them "to be heard" and that a judge's final orders will be fair and complete. However, judges are only human. It is unrealistic to expect that a judge who is not familiar with your family will be able to dispense perfect justice in a detailed manner that meets your family's needs. The court system is often not the best venue to resolve personal disputes. Many people are dismayed upon learning of the judge's decision because they feel that the orders fall short of addressing the real needs of the parties and their children. Even under the best of circumstances, when litigation results are found to be reasonable by both parties, they have paid a heavy price, both financially and emotionally.

In reality, most litigants do not experience the "fairness" that you expect. If one party feels victorious, the other party inevitably feels humiliated and beaten. Deciding to resolve your divorce through litigation is a gamble. You and your attorney have no way to predict the results. If your attorney is willing to guarantee specific results, insist on nothing less than a written guarantee prior to embarking on the course of litigation.

MYTH: If I use a divorce mediator, I won't be able to use a divorce lawyer.

REALITY: As part of the mediation process, we suggest that couples do seek and consult with an attorney at least once to review their legal rights and obligations  or to review their agreement before  they sign it  and it becomes a final court order. We encourage the couple to consult with their attorneys whenever they feel a need to do so. We believe that informed parties make better agreements, and those agreements ultimately endure the test of time, minimizing the likelihood of future disputes. If you have been Court Ordered to attend Mediation and have an attorney your attorney will attend the Mediation with you .In fact Per Administrative Order Family Law Division all post judgment matters shallbe automatically referred to mediation prior to a hearing on the matter. See link below    http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2006/2006-062.htm

MYTH: If I mediate my divorce, my spouse will "get away with" not disclosing financial information to which I am entitled.

REALITY: Prior to beginning the mediation process, the couple signs a "Mediation Agreement" under which the parties are bound to provide full disclosure of all assets, debts, income and expenses. Each party provides the other with copies of all relevant financial documents. In addition, prior to finalizing your divorce agreement, each party must provide a sworn financial affidavit of his and her income, assets and liabilities. This document - the financial affidavit - is a key document and one that must be filed with the court when your divorce is finalized, regardless of how your divorce is achieved – through mediation or a litigated divorce.

In some cases, complete financial disclosure may require assistance from outside experts who are chosen by the parties, such as accountants, appraisers, and actuaries. For example, some assets, such as real estate or business interests, may require an appraisal by a certified appraiser chosen by the parties. Certified public accountants services may also be needed to obtain information about the parties' assets and the effect on each party of the proposed asset distribution and spousal and child support. These experts will be retained only with your approval. If you decide that you need the assistance of any outside expert, only one from each field (CPA, appraiser, actuary, etc.) is chosen. In contrast, in a litigated divorce, each party retains the services of an outside expert, thereby doubling the cost for experts. These two experts testify before the judge, who then decides which expert opinion to accept.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. We are Family Law Mediators and do not give legal advice if you are in need of legal advice please contact a Florida Family Law attorney. 

Before Scheduling your first mediation session we will speak with each of you by phone .There is no charge for this consultation we use this initial meeting as an opportunity to describe our mediation process and answer any questions you may have . 

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.We are Family Law Mediators and do not give legal advice if you are in need of legal advice please contact a Florida Family Law attorney . 

Before Scheduling your first mediation session we will speak with each of you by phone .There is no charge for this consultation we use this initial meeting as an opportunity to describe our mediation process and answer any questions you may have.