The Three Cs Of Divorce Mediation In Florida
Before their sessions, 95 percent of family law mediation participants believe that the proceeding will be a complete waste of time. After all, they sometimes reason, if talking could have solved our problems, we would not have gone to court in the first place. Yet well over 70 percent of participants resolve all or most of their issues during mediation.
In short, mediation works. The reason it works is that attorneys are very good at driving home the three C’s that make mediations successful.
Divorce trials are very expensive. Lawyers must spend weeks or month preparing for trial, and this process often involves additional discovery, such as witness depositions and other added expenses. There is an emotional cost as well. Many people find it difficult to function at home or at work with a proceeding like marriage dissolution hanging over their heads. In fact, in many cases, the emotional costs often well exceed the substantial financial costs.
Divorce mediation reduces costs in both these areas.
Mediation often takes place once discovery is substantially complete and each party has a firm idea about the other side’s assets, case strategy, debts, and so on. Furthermore, since mediation usually only consists of brief opening statements and settlement negotiations, there is much less preparation time. So, the case ends sooner, substantially reducing legal fees. Moreover, an earlier end to the case means that the spouses become ex-spouses sooner than they would otherwise, which means that everyone in the family can move on.
Although Florida judges must follow the law, it is sometimes difficult for people to accept the fact that a relative stranger can make seemingly arbitrary decisions that are binding on everyone involved. The pill is even harder to swallow if the person already has issues accepting authority.
Instead of a judge dictating the result based on the evidence, mediation gives the parties a chance to craft their own resolution under the guidance of a neutral mediator. As a result, the outcome is often more tailored to the specific needs of the family. As a bonus, the voluntary compliance rate is usually higher in mediated settlements, which means fewer future motions for enforcement and modification.
“Co-parenting” is much more than a buzzword. It is the foundation for success in a divided family, because in almost all cases, the children badly need both their parents to be actively involved in their lives. Such a dynamic is all but impossible if Mom and Dad are constantly in conflict, and that’s often the result after a bitter divorce trial.
Mediation preserves civility. If Mom and Dad could spend the entire day together in one location and work out their problems in a calm and dignified manner, they are often empowered to behave civilly towards one another in the future. The parents do not need to be friends or even like each other, but they do need to occasionally bury the hatchet, and that’s what mediation does.
Count on Experienced Lawyers
Mediation is often the best way to resolve a divorce dispute. For a free consultation with an experienced family law attorney in Port St. Lucie, contact Eighmie Law Firm, P.A. We routinely handle cases all along the Treasure Coast.