“ 'Mediation' means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives." See Fla. Stat. Sect. 44.1011
Particularly, “ '[f]amily mediation' means mediation of family matters, including married and unmarried persons, before and after judgments involving dissolution of marriage; property division; shared or sole parental responsibility; or child support, custody, and visitation involving emotional or financial considerations not usually present in other circuit civil cases. Negotiations in family mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required, and, in the discretion of the mediator, and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court." See Fla. Stat. Sect. 44.1011 (d)
In all family matters, the court orders you to participate in mediation. Court mediation is offered for parties earning a combined income of less than $100,000 annual gross income. This mediation is held for 3 hours at a courthouse and depending on the circuit, a contracted attorney and/or mediator or a court-employed mediator acts as mediator. The mediator holds a specific certificate that allows him/her to act in this role. Mediators are not always attorneys and are not always family law, marital law, or Florida attorneys.
Private mediators are often utilized in cases that are high conflict, deal with multiple assets and liabilities, have special considerations regarding parenting, or have parties who earn over the allowable amount for court mediation. These mediations tend to be effective as the parties typically invest their time and money for the purpose of reaching an agreement as to some or all of the issues involved in the case.
This blog post is not intended to provide any legal advice whatsoever. This post does not create a legal relationship between Bouchard Law, P.A. and the reader and is merely intended to provide general information to the reader.