Mediation

  • 5 Benefits of Mediation

    Florida courts require parties who are divorcing to attend mediation before going to trial.  You, the other party and your respective attorneys meet with a certified mediator to try to settle the issues pending in your divorce.  Our firm may represent you in mediation as your attorney, or you may have Amy Goodblatt mediate your case.  Is mediation really beneficial or is it just another cost and delay to keep me from having my day in court? There are many benefits of mediation, but we’re going to look at 5 of them. Mediation gets everyone in the same place. Mediation can be done with everyone in the same room or you and your attorney can be in a room separate from the other party and…

  • How Do I Prepare for Mediation in My Divorce?

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…

  • What Kind of Mediator is the Best Fit for Your Divorce?

    When you divorce through mediation, you choose to work with a neutral third party to reach an appropriate divorce settlement through a series of guided, productive discussions with your spouse. Not all mediators approach these discussions the same way; some are far more “hands on” than others. Whether you and your spouse would benefit from a more hands-on mediator or one who takes a more passive role depends on your personalities and how much guidance you need to make productive decisions about your divorce settlement. The Active/Passive Scale Mediators are gauged according to where they fall on the active/passive scale. More active mediators take deliberate steps to facilitate specific settlements, whereas more passive mediators are primarily messengers, leaving the bulk of the work toward a…

  • Collaborative Divorce vs. Mediation: Key Differences

    As divorcing couples become more aware of the alternatives to traditional litigation, some are starting to demand options beyond standard divorce settlement negotiations. Especially if children are involved, spouses want more control over the terms of the outcome, and fewer reasons to generate additional negative emotion or obstacles to communication. People are often aware of mediation as an alternative to litigation because this process is used to resolve a number of legal disputes. Another option that is generating increased recognition and adoption is collaborative divorce, a process specifically designed to be non-adversarial and cater to the needs of the parties. Each process offers its own benefits and drawbacks, which should guide which one might best meet the needs and expectations of the parties. Understanding what…

  • Issues to Discuss During your Divorce Mediation Sessions

    If you are considering filing for divorce, consider completing the divorce process through mediation. Mediation is a form of alternative dispute resolution (ADR) that uses guided discussions as a way to help a divorcing couple develop a mutually-satisfying divorce settlement. These discussions are guided by a mediator, a neutral third party who is trained in conflict resolution and mediation techniques. Many couples who choose mediation report high levels of satisfaction with the mediation process and better relationships with their former partners after their divorces are finalized. Choosing mediation does not mean that you do not need to work with a divorce lawyer. Your lawyer can ensure that your rights are not violated and that your interests are represented during your divorce. If any issues arise…

  • Reasons to Consider a Collaborative Divorce over Mediation

    If you do determine that ADR is right for you, you need to decide whether you are better suited to mediation or a collaborative divorce. Both will save you money by keeping your divorce out of the courtroom. Both have their pros and cons. A few of the advantages that collaborative divorce has over mediation include: A collaborative divorce can be more efficient than mediation; A collaborative divorce can be less expensive than mediation, because there is no mediator to pay; With collaborative divorce, the couple has the greatest amount of control over their divorce. This can be a good thing or a bad thing, depending on their knowledge of the law, their ability to work together productively, and the issues present in their marriage;…

  • How is Collaborative Divorce Different from Mediation?

    If you are considering filing for divorce, consider completing the divorce process through alternative dispute resolution (ADR).  There are multiple types of ADR, each of which has unique requirements for the parties involved in the dispute.  What unites them is their common purpose: to allow individuals to avoid the stress and high cost of resolving their legal issues in the courtroom. Generally, two types of ADR are available to divorcing couples: mediation and collaborative divorce. When a couple divorces through mediation, they work with a neutral third party, known as a mediator, to work through each element of their divorce to determine a fair settlement.  In this setting, the mediator guides the discussion to help the couple reach satisfying conclusions.   With collaborative divorce, there is…

  • Understanding Divorce Mediation in Orlando

    Those facing a divorce in central Florida have several options for ending their marriages. They can fight in court and go to trial – an expensive and emotionally exhausting prospect for sure. They can also opt to sit down and resolve the matter out of court between themselves. This type of uncontested divorce is usually the most cost-effective and peaceful way to end the marriage. However, if the parties cannot agree peacefully among themselves, the case will proceed. Still, there is one other step that the court will require – mediation. What is mediation? Although mediation sounds better than going to trial, it is still adversarial. This means the parties are definitely opposed and disagree on at least some of the issues. The parties and…