What is Divorce Mediation?

WHAT IS DIVORCE MEDIATION?

DIVORCE MEDIATION IN FLORIDA

Mediation is a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement. 

How Does Divorce Mediation Work?

Mediation is a specific process whereby a "mediator" facilitates the negotiation of a divorce or settlement agreement. This allows the parties to become the sole decision-makers and keep their dispute out of the courtroom. Moreover, though a mediator often works with an attorney, a mediator does not have to be an attorney. It's important to note that traditionally, an attorney's skill-set is partial to one party or client. On the other hand, a mediator is trained in legal proceedings and impartial and neutral to both parties.


Mediation is an opportunity for people, or businesses involved in a dispute, to work together with the assistance of a mediator toward a resolution to their dispute. If there is any reason that the parties of a dispute cannot meet together, notify the mediator in advance, and arrangements can be made for the entire mediation to take place with the parties kept separated. The mediation term for separate meetings with the mediator is “caucusing,” and any party may request a caucus at any time, including at the beginning of the mediation process.

 

"Mediation is an informal, non-adversarial process, designed to give disputing parties maximum control over the handling and outcome of their dispute. Mediation is consensual, meaning that even if court-ordered, the parties are still the ultimate decision makers about whether and how they resolve their dispute. Mediation is confidential, except as required or permitted under Florida law." — Charles N. Castagna.

Many times, couples feel that divorce is unforgivable. There’s nothing further from the truth—a marriage that remains broken or abusive carries a much higher consequence than a divorce. 

There are essentially (10) choices that people make regarding a broken or abusive marriage.

1) Immediate discovery of marrying the wrong person and acting to have the marriage annulled

2) Early intervention to engage in spiritual or secular counseling to define and remediate the problems at hand

3) Attempting to change your spouse, only to find yourself failing in a variety of ways

4) Live in a state of denial—either believing that an average marriage represents the institution of marriage or believing that your marriage is fine, when in fact it’s dying

5) Have an affair—gaining short-term pleasure to replace the pain, and most times leads to a divorce or a contentious marriage

6) Agree to have an open relationship

7) Do nothing in the name of indifference, religion or guilt and become bitter & resentful— staying in the marriage against your will—potentially damaging the well-being of your children

8) Separation with the intent to negotiate terms for some type of positive intervention

9) File for divorce, and spend thousands of dollars on attorney and court fees

10) Engage in the process of Mediation and amicably accomplish numbers 8 or 9, quickly, and with far fewer costs

DIVORCE MEDIATION IN FLORIDA
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