No one enjoys having to go to court over issues that may be easily resolved. Litigation is costly, time consuming, unpredictable and potentially damaging, so, mediation has gained in popularity over the years. In this article, we will explain what mediation is, when to use mediation and the various kinds of mediation in Florida.
Mediation In Florida refers to the alternative to court proceedings when parties can settle their differences without going to court. When a dispute is between two Florida residents, either party may seek the advice of a licensed Tampa or Sarasota attorney who is experienced in family law matters. Together, they will discuss with the other party and come up with an agreement in which the parties agree on child support, parenting plans, property division and other issues. Once both parties agree to the terms, the court will issue a temporary order, called a “temporary divorce order,” and enter it into the court record.
The parties then returns to court, where a “trial” is held, along with the mediator. During this “trial,” documents are often signed by both parties. At the conclusion of the “trial,” if a settlement has been reached, either party may file for a “judgment of divorce.” If the parties agree upon the settlement at this point, they should submit their final paperwork to the court, which is sealed under state law. The judgment of divorce is then issued and become a final decree.
Because a judgment may Florida be issued, the mediator is of the parties, as opposed to a judge. The mediator is not required to take a stand in the courtroom and does not have the power to make a binding decision for the parties.However, the mediator can assist in the resolution of many disputes through Naples binding negotiations.In most cases, mediation is the preferable alternative 941-218-0197 to litigation, because the cost of litigation is high and tends to delay settlements.
Litigation, on the other hand, involves the involvement of a judge who decides in favor of one of the parties. The process is long and expensive.The parties are 34119 usually required to attend the trial and may even have to pay their own attorney, besides paying the judge fees. There is also a possibility that the case may be delayed for months while the parties negotiate.
If a divorce mediation in Florida fails to resolve the dispute between the divorcing parties, the courts will decide the matter.If the court does not rule in favor mediators in florida of one of the parties, an award of divorce will be issued by the judge. Usually an award of divorce will be the same as the alimony amount given by the former spouse to the other party. However, the amount of alimony may vary depending on factors such as the age of either party, the length of the marriage and the standard of living of each of the spouses prior to the filing of the divorce petition. Florida divorce mediation will help couples work out an amicable settlement between them that satisfies their needs and respects their relationship with each other
Our Instagram page