By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Agreements on Wednesday, August 10, 2016.
Mediation is a great way to resolve your divorce without paying for a full trial. Choosing a mediator is the first step, and may be the most important decision you can reach in your divorce.
I’ve written about mediation several times before. Under Florida law, the parties to a divorce must attempt to resolve their difference through mediation before their case can proceed to trial. In many cases, mediation can be used earlier in the process to resolve all outstanding disputes before either party has filed for divorce.
In divorce mediation, the parties and their attorneys meet with a neutral mediator – sometimes together, sometimes separately – to try to negotiate a settlement agreement.
Ideally, both the mediator and the attorneys should have enough experience to anticipate what will happen if the case goes to trial. Drawing on that experience, they can help the parties negotiate an agreement without any need to have a judge decide the issues for them.
At mediation, you will discuss issues that are highly personal and emotional. Accordingly, there are many factors to think about when choosing the right family mediator. Below are a few to think about:
Trust is the most important consideration in choosing a family law mediator. Your mediator should be someone you feel comfortable with as a person and as a professional.
Specialization is another important criterion. Ask your attorney if the mediator in your case has a practice area dedicated to divorce and family mediation. Family is not an area to dabble in. To be effective in family mediations requires patience as well as skills. Ideally, you want the percentage to be 100%.
Cost is always an important consideration. While it can be expensive to spend the day in mediation, if you’re successful, you are likely to save thousands on your total legal fees. When comparing mediation fees, base your decision on selecting a mediator with a high success rate for settlements. $200 per hour sounds better than $400 per hour, but not if your $200 mediator spends 8 hours without a resolution, you have not saved anything.
To recap, when searching for a mediator in your divorce, don’t just hire the cheapest mediator you can find, look for:
1. Trust,
2. Specialization in family and divorce matters,
3. Cost.