Divorce Mediation in Clermont FL, Divorce Mediation in Orlando, Why Mediate and not Go to Trial?
Divorce Mediation is generally ordered by the Judge in each family law case to allow the parties a full and fair opportunity to reach a resolution before appearing before the court. Divorce mediation (includes issues such as paternity, child support, time sharing, or property and asset distribution) is uniquely yours (provided the court agrees). It is of the parties, by the parties, and for the parties. Let’s be honest, court dockets in many areas are flooded with cases that require the court’s time and availability, which may be in limited supply. Essentially, divorce mediation is often ordered by the court to see if the parties can resolve their legal differences on their OWN terms. Usually, it is the parents themselves that know what is best for their children. In divorce mediation in Clermont FL, and divorce mediation in Orlando, the dynamic of your case will be unique, and require a great deal of attention and preparation from your family law attorney. Jonathan Jacobs is a family law divorce attorney in Clermont FL.
Generally speaking, the terms of the parties’ agreement in mediation is legally binding even if it is not identical to what the court itself would have ordered. This means that mediation can allow the parties to arrive at their own reasonable legal solutions based on the unique needs of their work schedules and economic circumstances. If the parties are successful, an agreement can be reached and enforced by the court. If the mediated settlement agreement (technical term of art abbreviated as MSA) is deemed unenforceable by the court, a hearing and/or trial will be necessary.
Family Law Divorce Mediation
If the parties have not agreed to or scheduled divorce mediation on their own volition, that likely means the Judge in their case has decided mediation is in the best interest of the parties (divorcing spouses and their children, if any). Mediation is often not in the front of litigants’ minds, but that does not mean it does not work, or that the parties cannot be successful participants in the process. The mediation process can be effective and produce a lasting agreement. Keep an open mind when you hear the word “mediation.” It is not punishment to the parties, rather it is the court’s way of providing an opportunity for resolution without the interjection of a referee. If you would like to speak with a family law attorney who helps clients with divorce mediation in Orlando, and divorce mediation in Clermont FL, contact the Jacobs Law Firm today!
What Are The Benefits Of Family Law Divorce Mediation Clermont?
I have written a partial list of the benefits of mediation. This is not a full list because family law mediation can bring about a wide variety of outcomes. A blog article cannot fully account for the realities of life and family law court.
- If ordered by the Court/Judge, mediation can save the parties money. This means more money for the parties and/or their children. If the mediator is furnished by the court, the parties will not be responsible for costs beyond the legal representation they choose and/or the court fees associated with the proceedings ($60-$100 is generally the cost of a court-appointed mediator for the partie. The price varies from county to county, but it is relatively low when compared with the cost of trial or hiring a private mediator which may be necessary depending on the combined income of the parties).
- Mediation allows the parties to decide their own family issues on terms that make sense to them. As long as your agreement is not unlawful or unenforceable, it will be respected by the court and will likely become legally binding. If done correctly, the choice is in the hands of the parties, not the Judge.
- Mediation can allow the parties to avoid having to litigate the legal issues such as child support, alimony, and time-sharing. Litigation is often time-consuming, expensive, and can be quite emotionally exhgausting.
- Mediation may allow the parties to air out their grievances in a confidential (unless you consent to the mediator discussing your positions with the other side) environment in order to attempt to reach a settlement that will have the least negative impact on their family, and ideally prevent the mutual alienation and frustration of the parties.
Family Law Divorce Attorney in Clermont FL: Can I Win My Case In Divorce Mediation?
Mediation is not necessarily about “winning” your case. In fact, people are often deeply hurt by having to go through the legal process during marital dissolution. It might not feel like you have won your case, but if both parties can reach a fair resolution that respects the needs and goals of each side, then perhaps everyone can be said to have “won” mediation. This is your opportunity to settle your legal case on your terms without causing any further difficulty. In divorce mediation in Clermont, FL, by both parties working out their differences with a little help from the mediator and the divorce attorney(s), everybody can benefit. Jonathan Jacobs, Esq., is a family law divorce attorney in Clermont FL.
Divorce Mediation in Orlando: How Do I Prepare For Mediation?
The best way to prepare for your mediation is to ensure that you have complied with court orders, reviewed your documents for accuracy, and will be open to considering a mutually beneficial outcome. Know the facts of your case. Understand that mediation is not in theory designed to favor one party, or to provide some unilateral victory. Rather, mediation is designed to forestall or prevent further litigation, and to (ideally) provide both parties with some of their demands/needs, as opposed to awarding one party everything they want. Keep an open mind and a stout heart. Remember that family comes first and minimizing the emotional and financial impact on your family(ies) is the real goal. Contact the Jacobs Law Firm, family law divorce attorney in Clermont FL today.