How the Mediation Process Works

Mediation is considered an alternative approach to court litigation. During the mediation process, spouses schedule meetings to discuss any divorce issues whey cannot come to an agreement with and work toward a solution. A mediator is a neutral, third-party representative WHOM DOES NOT PROVIDE LEGAL ADVICE, that helps facilitate the SETTLEMENT proceedings.

The following are the common steps to formal mediation proceedings:

  • Introduction – While some mediators will ask for information about your marriage, your family, and the issues that need resolving, others may prefer to wait until the first meeting. When the first meeting occurs, the mediator will explain the steps of the divorce mediation process, including the protocol and timeframe. Both parties will have an opportunity to state the issues and their respective positions on them. If each party has legal representation, their attorneys should be present at the  meeting.
  • Meetings – Divorce mediations often take MORE THAN ONE .. Both spouses may meet in the same room throughout the process, or the mediator may separately meet with each person at least once.
  • Gather information – The mediator will ask various open-ended questions to obtain a better understanding of the issues at hand and the emotions involved. The mediator will often repeat back important ideas to the spouses and summarize the information collected. IF AUTHORIZED BY THE PARTICIPANT.
  • Identify issues – From the information gathered, the mediator will determine which issues can be immediately settled and which ones require more negotiations. He/she will attempt to find common goals for each spouse.
  • Reaching an agreement – The most common bargaining method is known as “caucus” WHICH IS DEFINED AS A Confidential session WHICH will be held in order to find common ground on the issues and determine possible solutions. In the end, a final agreement is reached. ONCE AN AGREEMENT IS REACHED AND SIGNED, THERE IS NO FURTHER OPPORTUNITY TO CHANGE THE AGREEMENT UNLESS BOTH PARTIES CONSENT.  THE AGREEMENT IS THEN PRESENTED TO THE COURT TO RESOLVE THE ISSUES CONTAINED THEREIN.  IF NO AGREEMENT IS REACHED, THE COURT WILL ONLY BE ADVISED THAT NO AGREEMENT IS REACHED.  THIS PREVENTS THE COURT FROM REACHING ANY CONCLUSION AS TO WHY.  THE PARTIES ARE PROTECTED BY CONFIDENTIALITY, ABSENT STATUTORILY ALLOWED ISSUES SUCH AS FRAUD OR A DANGER TO ANOTHER PERSON.

Our sole practitioner, Attorney Jerome Ventura, has over two decades of legal experience under his belt and has been certified by the Florida Supreme Court to serve as a Family Law Mediator AS WELL AS A a Circuit Civil Mediator. He can evaluate the issues in your case and help you and your spouse come up with a mutual divorce agreement which protects both parties’ finances and future.

For more information about divorce mediation in Florida, contact our Pembroke Pines divorce attorney at The Law Office of Jerome P. Ventura today.

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