Divorce mediation is a process used by divorcing couples in Florida to resolve critical issues such as property division, child custody, visitation rights, and alimony arrangements collaboratively. This alternative dispute resolution method is designed to foster open communication between both parties, allowing them to express their perspectives and interests more clearly.
However, before taking this route, parties must first understand the mechanics of mediation and what this process involves. That is why in the following guide, we will outline the step-by-step process of how mediation works in Florida
Choose a Mediator
The divorce mediation process begins by selecting a mediator. However, instead of choosing someone arbitrarily from a Google search, the couple should try to find a neutral party with relevant experience. Ideally, the mediator should possess a background in family mediation, strong communication abilities, and a thorough understanding of state family laws.
The First Meeting
Once both parties have chosen a mediator, the initial meeting is planned. In this session, the mediator explains their role in facilitating the discussion and encourages each party to express their views on key factors such as asset division and child custody agreements. The mediator subsequently steers the conversation, promoting open dialogue and mutual respect to establish a cooperative environment.
Exchange Information
During divorce mediation, both parties must gather and share their financial information. This includes a complete list of all assets, such as real estate, cars, investments, and personal belongings, and a clear overview of all debts, such as mortgages, credit card balances, and personal loans. In addition, both parties should prepare and show their recent tax returns and bank statements, covering at least the last two to three years.
Review the Issues
Once information is shared, both parties need to identify the central issues. Each party must also clearly articulate their expectations, goals, and priorities. This may consist of dividing property, which requires an equitable allocation of assets and liabilities; establishing custody arrangements that prioritize the welfare of any children involved; and defining support arrangements that address alimony and child support responsibilities.
Look for Solutions
Once both parties have identified their issues, they can start brainstorming various solutions to address them. This phase entails creative thinking and problem-solving. The mediator plays an important role in steering these discussions, making sure that every idea, no matter how unconventional, is carefully evaluated and considered.
Preparing the Agreement
After detailed discussions and negotiations, the parties will need to formulate a detailed agreement. This legally binding document will outline the terms the parties have mutually consented to, including key aspects such as child custody arrangements, alimony, division of property, child support obligations, and other provisions.
The mediation agreement reflects the agreements reached and ensures that each party’s rights are explicitly defined and understood. This clarity helps to prevent future misunderstandings or conflicts, providing a solid foundation for both parties as they transition into their post-divorce lives.
Review the Implications of the Decision
As the parties draft the mediation agreement, they may consult their legal counsel. During this phase, attorneys can offer insights and tailored advice based on each party’s unique situation, effectively safeguarding their rights and interests. These discussions may encompass risk assessment, potential liabilities, and the broader ramifications of the agreement, facilitating more informed decision-making. Finally, once the attorneys have reviewed the agreement, it must be submitted to the court for approval.
Contact St. John’s Law Group To Learn More
For further information about Florida’s mediation process or to discuss your case in more detail, contact St. Johns Law Group today and consult with a skilled mediation attorney.