Brunelli Law

What is Mediation and is it Required in a Divorce Case

Explore a more amicable path to divorce through mediation, a cost-effective and expedient alternative to litigation that empowers couples to craft mutually beneficial settlements, all under the experi...
@admin 13 June 2023
Divorce Case

Getting divorced is one of the biggest challenges anyone can face in life – especially when the specter of court battles hangs over everything. But did you know there’s another way? Mediation offers an opportunity for divorcing couples in Florida to avoid combative showdowns by working together to craft fair solutions based on mutual interests instead of dividing lines between them.

There are two types of mediation in Florida: pre-suit mediation and mediation during litigation. Pre-suit mediation is a voluntary process that can help resolve issues before a lawsuit is filed. Mediation during litigation, on the other hand, is mandatory in most counties in Florida. During this type of mediation, a neutral third party helps the couple negotiate a settlement agreement that is acceptable to both parties.

Under normal circumstances, divorcing couples must go through mandatory mediation before proceeding to trial; however, certain scenarios can exempt them from this protocol. If both parties agree on all aspects of their separation beforehand and there are no disagreements or complications that require further review by a mediator or judge – then counseling prior to litigation might not be necessary at all.

One of the primary benefits of mediation over litigation is that it can bring a divorce to a resolution far quicker. Divorce settlements are typically drafted within just a few weeks or even sooner, whereas a divorce going through litigation could take months before getting on a judge’s trial docket.

Another benefit of mediation is that it is usually much cheaper than litigation. During litigation, there are many costs including attorney fees and other expenses. Mediation is also usually cheaper due to the fact that it is not drawn out into a lengthy process.

But perhaps the most significant benefit of mediation is that it gives the couple control of the decisions made in the divorce. When a divorce goes through litigation, a judge will make all the final decisions, and there is little the couple can do about it, even when they strongly disagree with the decision. Through mediation, the couple retains control and can work together to reach a mutually beneficial agreement.

Even with mediation, It is important to note that divorce cannot be done outside of the court system in Florida. Even if the couple is able to come to an agreement through pre-suit mediation, they will still need to open a court case in order to get divorced. However, pre-suit mediation is a useful option for those who want to avoid the potentially lengthy and costly process of litigation.

At Brunelli Law, P.A. , we have extensive experience with mediation-based divorces. When it comes to negotiating, we have the experience and skill to secure favorable terms for you. We are committed to upholding your rights and will work tirelessly to protect your best interests.

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