Every divorce is unique. Some couples can have long drawn-out court battles for years while some can part ways on good terms, willing and able to discuss and enter into agreements for the sake of peace. For divorcing spouses who prefer not to experience the hostilities that accompany a litigated divorce, mediation is a feasible option for peacefully resolving their issues.
Features of Mediation
Neutral mediator: A mediator is a neutral person whose task is to help the parties resolve their disputes through a discussion of various issues and concerns. A mediator cannot take any side in a divorce. He or she cannot determine who is right or wrong and cannot provide legal advice or counsel to either party. As a neutral party, the mediator must attempt to ease the manner of communication and provide focus during discussions between the parties.
Court-ordered process: After filing for divorce, the court can order the parties to enter mediation for purposes of arriving at a mutual resolution of specific pending issues. Parties who fail at court-ordered mediation will have to go back to court for the judge or jury to decide unresolved matters for them.
Advantages of Mediation
Mediation is an attractive option because it allows the parties to determine what’s best for their families without having a judge or jury impose a decision upon them. In mediation, the parties can negotiate the terms of an agreement with greater chances of attaining a win-win situation. Other advantages include:
- Higher satisfaction of the parties
- Opportunity for parties to discuss issues with an impartial person
- Confidentiality of information disclosed during mediation
- Mediator helps parties overcome communication obstacles or problems
- Saves time and money
- Enables parties to explore creative or flexible solutions for a win-win situation.
- Enforceability of agreements arrived at mediation
Role of Divorce Attorney
Divorcing parties will still need their own attorneys to provide legal advice about their situations, what their case may be worth and ideal terms and conditions for a good settlement out of court. Your divorce lawyer can also review drafts of a proposed settlement agreement to ensure its enforceability after its execution.
If you are contemplating divorce and feel that mediation may be for you and your ex-spouse, it’s important to speak to an experienced divorce attorney about your situation before starting any paperwork.
In Tampa, Florida, the attorneys of the Anton Legal Group have years of proven divorce experience and have obtained favorable outcomes for clients, whether they choose to utilize alternative ways of resolving their divorce issues or undergo litigation.
We invite you to call us today at (813) 443-5249 to learn more about how we can help you.