When beginning the divorce process, people often worry about going to trial. They may picture themselves in a courtroom, in front of a judge, fighting to achieve a fair outcome. In reality, the majority of divorces are resolved without the need for trial. In fact, Florida requires that divorcing couples attempt to resolve the matter through mediation first. This is a step that cannot be skipped, and often this is for the best, as even the worst decisions that a divorcing couple can make together may be preferable to what a judge may order.
Mediation Is A Positive
Mediation gives divorcing couples control over the outcome of their case. They are allowed the freedom and creativity to reach agreements that may be mutually beneficial, as opposed to allowing their fates to rest in the hands of a judge who does not know them or their situation. Mediation frequently proves to be less time-consuming and costly than trial.
Divorce mediation is facilitated by a third-party, neutral mediator. The mediator guides the divorcing spouses through discussions to reach agreements on matters such as child custody and property division. Each spouse may still be represented by their own attorney, whose job it is to educate their client, protect their client's interests and ensure that their client understands the consequences of each decision.
If divorce mediation does not yield the necessary agreements, the case may then move on to trial.