
Do you want loggers making your decisions?
Watch this.
The litigation process of divorce should not be more destructive to a
family than the divorce itself!!
The primary goal of mediation is to reach a positive, mutual agreement,
whereas the primary goal of a lawyer can be to represent his client and take
the case to trial.
Mediators are trained to be neutral professionals who help both
parties be self-actualized. Lawyers are trained to be adversarial and
represent only one side. Mediators help both of you to be heard and to
explore alternative situations important to each of you through forthright
and confidential discussions. In mediation there is respectful give and
take. Decisions are made voluntarily by you not by a judge.
Mediation is considerably less expensive financially as well as
emotionally. Litigation can cost thousands of dollars in retainers,
legal fees and court costs, while taking months, sometimes years, to settle
in court while parties struggle with the unsettled aspects of dividing up
assets, debts and shared time with children.
Mediation allows you to determine solutions best suited to your
individual family situation. Decisions are made by the two of you beyond
the barrier of misunderstandings and without the feeling of being bullied by
contentious attorneys, allowing you to maintain control of the outcome. You
determine the needs of your own family rather than relinquishing decision
making to arguing attorneys and the judge.
Mediation is completely confidential. You can avoid public record
disclosure of personal problems and how they are resolved. The agreement you
write up is the only thing that is submitted to the court. There are no
court hearings with lawyers, witnesses, summons, subpoenas, testimony and
evidence that are all put into public record.
Mediation agreements are written up in common language that both
parties understand and to which both parties contribute!! Litigation
often involves boilerplate paperwork that includes pages of difficult to
understand legalese!
It is the law in Florida that parties go to mediation before they go
before a Judge.
You are welcome to bring your lawyer to mediation,
although many people do not. Parties have the option during or at the
conclusion of the mediation to consult with specialists, i.e. your lawyer,
financial advisor, CPA, mortgage company, pension specialist etc. before the
final papers are signed or filed. The best way to come to mediation is
with knowledge. Visit an attorney for a one hour consultation prior to
mediation to ask your legal questions, just as you would visit a CPA to ask
financial questions or your mortgage company. Then sit together with your
mediator and make the decisions concerning your family yourselves.