Is Divorce Mediation Right for Me?

Many clients come to us angry at their spouse and want their day in court to air their grievances during the divorce process. While some divorce cases go to court, a much faster, less contentious, and less expensive option is to mediate the divorce.

A mediator is a professional certified by the Florida courts to help both parties in a divorce work out their differences and separate their lives. The mediator does not have to be an attorney, however, the benefit of having a mediator who is an attorney is that you can feel confident that they are knowledgeable on the intricacies of Florida’s family laws. The mediator helps you and your spouse divide up your assets and develop a plan for timesharing, alimony, and child support. 

You and your spouse will need to jointly agree on a mediator. A couple typically meets with a mediator 2-5 times to hash out the details of their divorce. The mediator does not decide who is right or wrong; instead, their role is to facilitate discussion and negotiation between the two sides. It is not necessary to have a lawyer present at a mediation, however it can be beneficial. Similar to a court case, if the opposing party has a lawyer, you will be at a disadvantage without one. The results of the mediation will be written up into a formal document for both parties to sign. Once signed, the agreement is binding.

The benefits of mediation include:

• Less stress than a court case. Mediation is conducted in an office without all of the formalities of court.
• Less expensive. Couples may save thousands of dollars (sometimes tens of thousands) by avoiding expert witness fees, minimizing legal fees, and avoiding court fees.
• More privacy. A courtroom is public and the court proceedings become public record. A mediation is conducted privately and the resulting agreement remains private.
• Happier outcomes. Since both spouses actively negotiate the outcome, couples tend to be more pleased with the outcome of a mediation than court-ordered separation of assets, time-sharing, and parental responsibilities.

Mediation is not the right choice for all couples though. If your case involves domestic violence and you are scared your spouse may try to coerce you into an agreement, it may be better to go to court. In addition, for mediation to work, both spouses have to genuinely be willing to negotiate, which some spouses are unwilling to do. Even if you and your spouse have difficulty speaking civilly, mediation could still be an option because the mediator can speak to you each privately in separate rooms.

Mediation has worked well for many of our clients. If you and your spouse are willing to negotiate and want to move on with your new lives more quickly and less expensively, contact Troy Legal to learn how we can help you reach this goal.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.