Mediation will often help couples come to a more satisfactory agreement
Florida law requires couples filing for divorce to go through mediation before resorting to a litigated solution. Divorce mediation and similar out-of-court divorce options are valuable tools that allow couples to maintain control over their own divorces rather than simply abiding by the rules set down by a judge. According to CNBC, people who go through mediation tend to find the process faster and cheaper than litigation, which ultimately makes the divorce far less emotionally painful compared to going to court. Mediation has a lot going for it, but it is important to keep in mind that there are some factors that play a significant role in determining whether such a process succeeds or fails.
Safe and secure
In order for mediation to succeed, it is absolutely vital that both former spouses feel comfortable being in the same room as one another. If either spouse feels intimidated or threatened by the other party, then they are not going to be in a position to make decisions in their own best interests, according to U.S. News & World Report.
While legal representation can counter this problem to an extent, it can only go so far. The final decision for agreeing to a mediated divorce ultimately rests with the divorcing spouses themselves. Obviously, if there is evidence of spousal abuse, for example, then a better solution may be for a judge to step in and impose a court ordered divorce.
Open and honest
As in any divorce, mediation will have to contend with the difficult topic of dividing a couple's marital property. One of the great benefits of mediation is that it is much cheaper than litigation, so each party can usually hold on to more of their assets rather than sacrificing them in the form of legal fees and court costs.
In order for property to be divided fairly, however, both parties must fully disclose their finances. This duty of full financial disclosure is as true in mediation as it is in litigation. If one spouse attempts to hide assets, then the other spouse will be negotiating from a disadvantaged position. An attorney can help ensure that the other party is being honest about his or her finances, but the mere attempt to conceal property can sour the mediation process, thus making an ultimate agreement far more difficult to obtain.
Family law options
Mediation is an excellent choice for most couples who want to avoid the pain and drama of the courtroom while maintaining control over their own affairs. As with any major decision, however, preparation and research are mandatory and will help people avoid some common mistakes.
A family law attorney experienced in mediation can help people going through a divorce learn more about mediation and other divorce options. Every person's divorce case is unique and a qualified attorney can advise such people about which divorce option may be best suited to their particular needs.