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What is the purpose of mediation in a divorce?

by | Feb 21, 2019 | Firm News

Are you hesitant to begin the divorce process because of the contention it will bring? Divorce is never fun or easy, but it can be less stressful if you approach it in the right way. The traditional method of litigation is the least beneficial to your emotional health, except in certain cases where it is necessary, such as domestic violence.

Mediation, on the other hand, is a more productive way to handle ending your marriage. It can be useful for various parts of divorce and is a mandatory step in Florida.

The mediation process

You and your current spouse sit down with a neutral third party to discuss the terms of your divorce agreement. The mediator helps you two to stay focused and cooperative. However, you maintain control in making decisions; the mediator cannot make rulings in anyone’s favor. You may have attorneys present with you, or may only request their help in the end to look over the agreement before submitting it to the court for approval.

When to use mediation

The state of Florida mandates you go through mediation first no matter how you want to divorce. You may end up finding it helpful and stick with it. If it does not work, then you can continue proceedings in the courtroom.

You can use mediation for any part of divorce, from asset division to child custody. It does not have to be successful in every area. Mediation is still beneficial even if you need to litigate some aspects of your split because it means there will be less to argue about and for a judge to decide. You can also utilize mediation for post-divorce actions, such as modifying your parenting schedule.

How to know if mediation is right for you

Although you have to try mediation, this does not guarantee its success. Mediation works best for those willing to put aside vengeful feelings and put the interests of the family first. If you want your divorce to be quicker, cost-effective and less stressful, mediation is for you.

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