What is an uncontested Divorce Mediation:
If both spouses agree that the marriage is to end and come to a mutually satisfying agreement regarding the final divorce settlement, you have an uncontested divorce.
In spite of what you hear from some, divorce isn’t always highly conflicted and anger filled.
It isn’t always about fighting it out in front of a judge or, using the children as pawns to punish each other. There are couples who can work civilly together when this happens you have an “uncontested divorce.
Uncontested divorce is the way most people divorce. It’s simple and inexpensive, and it offers you and your spouse the chance to end your marriage quietly and with dignity. It’s not right for everybody, but it’s right for many more couples than gladiators like to admit. The most apparent advantage of uncontested divorce, of course, is its cost.
I’m a big believer in finding the least expensive way to divorce or Seperate . The simple fact is that any money you can avoid spending on people like me is money you can use to live on after divorce or seperation and also spend on your kids.
From time to time, someone who doesn’t understand the process asks if I offer an introductory free consultation.
The answer to this one is NO!
You get Consultations from a lawyer who you are looking to retian .Who is going to give you legal advice on what your rights are and tell you how to proceed with your case.
As a mediator, I have no interest in trying to sell the client on using my mediation services. I do not give legal advice or tell you how you should proceed. However, if you have questions about the process I will be glad to answer them over the phone.
From time to time I am also asked if I will contact the other party to see if they would be willing to mediate, the answer to this is also no! If your comunication level with the other party is such that you can't even speak to them about mediation. Mediation is not the best answer for you and I suggest that you speak to a licensed Florida Attorney regarding your case and your options.
WHAT IS MEDIATION?
Mediation is a voluntary, confidential process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. In Mediation, decision-making authority rests with the parties.
Mediation is an informal and non-adversarial process, with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The strength of mediation lies in its practical approach to the issues at hand.
In Florida, all litigated cases will be referred for mediation prior to a court date. Mediation has a success rate of up to 90%, which means most cases will not be heard in court.
Mediation gives all participants the opportunity to speak and be heard. We help you to identify the issues that need to be resolved, to generate and consider possible solution options, to reach a mutually agreeable solution and put the agreement into a written form in understandable language. There does not need to be a "winner" and a "loser" in a divorce as long as it is kept from becoming a legal battle.
WHAT MEDIATION IS NOT...
Mediation is not like going to court. You are in a relaxed atmosphere where the necessary issues that must be addressed regarding your divorce will be discussed in a respectful and adult manner.
While it is not always necessary to retain the services of an attorney, mediation is not intended to be a substitute for legal counsel. The mediator may not give legal advice and each party is encouraged to consult with an attorney if they have any legal questions or concerns.
A Mediator WILL NOT:
- Provide Legal Advice
- Provide Financial Advice
- Pass judgment on what is right or wrong
- Dispense decision-making authority regarding the issues of your case
Mediation can be used in any type of conflict or litigation:
Dissolution of Marriage
Modification of a Final Judgment concerning: Child Support, Time Sharing (Visitation), Primary Residence of a Child (where the child spends the majority of their time), or Spousal Support and/or Alimony.
I found this great video, please watch it called Spare the child :
Spare the Child
Giving parents a compass for navigating family dissolution, Spare the Child guides parents and families through the difficult and often overwhelming task of restructuring a family. The documentary-style, conversational video uses everyday language and gives examples from experienced interviewees. Judges, lawyers, guardians ad litem, counselors, teachers, and children of divorce relate their experiences and observations to guide families who are currently in the process of family restructuring it is very informational .
Running time nineteen minutes. Spare the Child is a project of the Virginia State Bar.
Spare the child in English
Proteger al Niño en Español
Spare the child pdf guide
Key Qualities of the Mediation Process
Voluntary - You can leave at any time for any reason, or no reason.
Collaborative - As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements.
Controlled - Each participant has complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
Confidential - Mediation is generally confidential, as you desire and agree, be that by statute, contract, rules of evidence and/or privilege. Mediation discussions and all materials developed for a mediation are generally not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe the extent of mediation confidentiality and exceptions to that confidentiality. The extent of confidentiality for any "caucus meetings" (meetings between the mediator and individual parties) should also be defined.
Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The participants always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to advise them to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sought is, ultimately, a decision of each mediation participant.
Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on issues in discussion. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Self-Responsible and Satisfying - Based upon having actively participated in voluntarily resolving issues, participant satisfaction and the likelihood of compliance are found to be elevated through mediation compared to court options.
