How Can We Settle Our Divorce During Mediation
With over 40 years of experience, Gordon N. Shayne is a strong advocate for the Power of a Mediated Settlement in Divorce cases.
First, lets discuss what a Pre- Suit Mediation is and is not:
- A Pre-Suit Mediation occurs prior to the parties filing a court case.
- Mediation is a VOLUNTARY process that is conducted outside the court house.
- The parties can personally appear for Mediation or appear virtually via Zoom.
- Mediation is CONFIDENTIAL.
- Although the Mediator is a lawyer, he is not permitted to give either party any legal advice.
- The ROLE of a Mediator is to be NEUTRAL and make suggestions and assist parties in reaching agreements.
- A Mediator will not make any rulings, enter an judgments or issue orders of any kind.
- Both parties should expect to negotiate at Mediation in GOOD FAITH and use this opportunity to have an open and honest discussion of the issues, disputes and hopes for a settlement.
- Only the parties can achieve an agreement, which the Mediator can reduce to writing to be signed by both parties.
- Unless agreed to by the parties, there will not be a Face-to-Face encounter during Mediation, as each party can remain in separate private rooms.
The Florida Family Courts rely heavily on experienced Mediators to Mediate Divorce and other Family Law disputes. When I conduct a Pre-Suit Divorce Mediation, the Courts are not involved in the scheduling or selection of the Mediator. This is often times called, A Private Mediation. A Private Mediator can schedule Mediation for a date and time that is convenient to the parties.
Because the Mediator is an UNBIASED LAWYER, the Mediator shall always remain neutral and will not try to make arguments for or against one side or the other. But it is critical to the Mediation process to know that as your Mediator, I often times use my experience to explain the options and possibilities that a judge may have to decide in a courtroom at a contested divorce hearing.
If the parties jointly reach an agreement at Mediation, I will prepare the necessary written agreement for the parties to sign which can be filed in court. More importantly, with private mediation, I can prepare all necessary court documents for filing once an agreement is signed.
Since Private Mediation is a fantastic way to resolve the typical disputes in a divorce or custody case in a non-adversarial manner. This means that the parties save money and time and avoid having a judge take control over the outcome.
If you are interested in discussing the POWER OF PRIVATE MEDIATION and all of the benefits, please call to schedule a Free Consultation.