Q & A about Mediation
WHAT IS MEDIATION?
Mediation is an informal settlement conference with a neutral third party who is trained in assisting individuals in settling their disputes. The goal of mediation is to help individuals find a "win-win" solution to their problems without undergoing a costly courtroom battle.
WHY SHOULD I USE MEDIATION ASSOCIATES?
- You can save thousands in attorney's fees and costs
- Promotes communications and cooperation
- Most cases settled in 3 hours or less
- 95% settlement rating
- The costs are less than going to court
- Allows individuals to control the outcomes and not rely on a judge's ruling
- Reduces stress and promotes positive relationships
- Is confidential, so public disclosure of personal problems is avoided
- Quicker and more efficient than the judicial process
- Allows individuals to tailor solutions which best meet their needs
- All Mediators are certified by the Florida Supreme Court
HOW DOES MEDIATION WORK?
The mediator holds joints meetings with all parties and private meetings with each party. At these meetings important information concerning the facts and issues is obtained with the mediator. Settlement options are discussed and negotiated. Discussions held are confidential and cannot be disclosed in any future legal proceedings. Mediation is concluded only when all parties have reached an agreement or it appears that none of the settlement options are acceptable to both parties. However, in most cases a settlement is reached. A mediated settlement agreement is binding in court.
DO I NEED A LAWYER FOR MEDIATION?
No. A trained mediator can help each party work through settlement options. A mediator does not give legal advice, so if you have any questions concerning legal rights and responsibilities, it is best to consult an attorney.
WHAT TYPES OF DISPUTES ARE HANDLES BY A MEDIATOR?
Any dispute at any stage can be successfully mediated including but not limited to:
- Divorce
- Custody
- Child Support
- Alimony
- Property Division
- Business Disputes
- Labor
- Workmen's Compensation
- Insurance Claims
HOW DO I OBTAIN MY FINAL JUDGEMENT OR DIVORCE FROM THE COURT?
After obtaining a settlement agreement at mediation, the parties may hire an
attorney to file the formal paperwork( which is very brief) to obtain your final
judgement of divorce and the court's approval of the settlement agreement which was obtained in mediation.
Attorneys will generally charge a small fee to do this for you. If you desire to file the paperwork on your own, you may bring your signed settlement agreement to the office of the Clerk of the Court, Family Division and obtain a "Do It Yourself" divorce packet. The clerk will instruct you what to do. A final hearing can normally be scheduled within 30 days.
