Tampa Divorce Mediation Attorney
Practice Areas
What is Mediation in Divorce?
Mediation is a process where a neutral third party, known as a divorce mediator, facilitates communication and negotiation between divorcing two spouses, helping to resolve various family law disputes regarding property division, child custody, and child support. The mediator does not make decisions for the parties but assists them in finding a mutually acceptable agreement on various family law issues without needing a time-consuming trial in court.
This approach can lead to a more amicable and cost-effective agreement, which typically requires less time and money than litigation. An added benefit of divorce mediation is that the parties maintain greater control over the outcome of their divorce and family law matters.
Mediation is often voluntary, but sometimes, a judge may order mediation for a couple. The divorcing parties can file an objection and have their mediation order rescinded.
Who is a Good Candidate for the Divorce Mediation Process?
The benefits of divorce mediation cannot be emphasized enough. It can be a great form of alternative dispute resolution for certain couples. In general, a couple can be good candidates for family law alternative divorce solutions if they are:
- Looking to avoid traditional divorce litigation
- Willing to resolve disputes amicably
- Able to empathize with and respect the other party
- Willing to be honest
- Committed to finding a mutually beneficial agreement or settlement
When is Divorce Mediation Not Recommended?
While family law mediation can be great for certain divorce cases, it isn’t the best option for all couples. A couple may not be suited for mediation if they are:
- Unwilling to communicate with one another to resolve disputes
- Unwilling to compromise on critical issues
- Unable to respect the other party
- Unable to commit to the mediation process
- In an unbalanced relationship
How Does Divorce Mediation Work?
Before going through the mediation process, knowing how divorce mediation works is critical. This ensures both spouses have a clear understanding of the process so they can decide whether or not they want to proceed.
How to Prepare for Divorce Mediation
To properly prepare for divorce mediation, spouses should gather relevant financial documents or draft financial affidavits to facilitate discussions on property division. They should also outline their priorities and preferences for child custody and support arrangements beforehand.
Both parties should set realistic expectations for resolving family law issues and maintain open communication with the mediator and their spouse.
The couple should also contact a mediator to help them work through their problems and reach their common goal: an amicable divorce. Couples may want to hire a mediator certified by the Florida Supreme Court to ensure they receive the best guidance possible.
What Happens in Divorce Mediation?
After both parties agree to start, they will begin to meet with their divorce mediator and work through issues related to their family. The neutral mediator will facilitate discussions between the divorcing spouses to help them reach agreements on family law issues like child custody, child support, and spousal support.
What Happens After Mediation in Divorce?
After the couple has successfully mediated their issues, the mediator prepares a written settlement agreement outlining the terms discussed and agreed upon by both spouses. Each party may then review the document with their family law attorneys to ensure that it reflects their wishes and protects their rights.
Once any necessary revisions are made, the settlement agreement can be signed by both parties and submitted to the court for approval. Once approved, the agreement becomes legally binding, and the divorce process can move forward according to the terms of the agreement. If any issues remain unresolved after mediation, the parties may choose to pursue further negotiations, alternative dispute resolution methods, or litigation to address any outstanding problems.
Pros and Cons of Divorce Mediation
Mediation can have a number of benefits, but it can also have some downsides to it. Below are the pros and cons of pursuing mediation in a divorce.
What are the Benefits of Divorce Mediation?
The benefits of mediation can make it a preferred choice for many couples. Some of these benefits include:
- Efficient and cost-effective solutions
- Better control over family matter outcomes
- Reduced conflict
- Customized solutions
- Flexible scheduling
- Emotional support and guidance from mediators
What are the Drawbacks of Divorce Mediation?
In contrast, there are some disadvantages to mediation, which include:
- Potential for unequal power dynamics in negotiations
- Ineffective in high-conflict situations
- Lack of legal guidance
- Potential for incomplete or insufficient legal agreements
- Potential for increased conflict
- Potential for delayed litigation
- Not suitable for all situations
How Much Does Divorce Mediation Cost?
The cost of family law mediation can vary depending on factors such as the mediator’s experience, the couple’s geographic location, and the complexity of the divorce case. Many mediators charge an hourly rate for their services, but others may charge a flat fee. In Florida, divorce mediators generally charge $120 to $200 per hour.
How Long Does Divorce Mediation Take?
The duration of divorce mediation can vary depending on factors like the complexity of the issues involved, the level of cooperation between the parties, and the efficiency of the mediation process. Mediation can take as little as a few hours or as long as a few months.
How Long After Mediation is Divorce Final in Florida?
Different states have different mandatory waiting periods for couples seeking divorce. After completing mediation, filing their settlement agreement, and having it approved, the couple may still have to wait before they receive a final judgment on their divorce. In Florida, couples must wait 20 days after filing for their divorce to be finalized.
How to Get Started on Florida Divorce Mediation
If you’re looking to begin the mediation process, the first step is to research the mediation process to determine whether or not mediation would be a good fit for you and your situation. A family law attorney can help ensure that mediation is the right decision and can walk you through the process before you begin meeting with a mediator.
From there, you can begin researching mediators who specialize in family law and are certified by the state. Once you choose a mediator, you can schedule an initial consultation to discuss your and your spouse’s specific needs, concerns, and goals for mediation. If both you and your spouse agree to proceed with mediation, the mediator will work with you to schedule mediation sessions and begin the process of facilitating negotiations.
Call Tampa Divorce Mediation Attorneys at Quinn & Lynch P.A. Today
If you and your spouse are interested in divorce mediation, it’s important that you discuss your decision with a family law attorney before you get started. They can help you evaluate your options and determine whether or not mediation is right for you.
At Quinn & Lynch, P.A., our attorneys are here to help walk you through the process and explain exactly how mediation will affect you and your divorce. Whether you’re interested in pre-suit mediation or want to avoid litigation, we can evaluate your situation and ensure mediation is the right choice for you.
Our attorneys can also help you through the entire divorce process, from your first consultation to your last court hearing and beyond. We want to ensure you reach the best possible resolution and will provide you with the legal representation you need to achieve that.
Call us at 813-223-7739 or contact us online to schedule a consultation with a Tampa divorce mediation attorney on our team.
Contact Our Experienced, Dedicated Divorce & Family Law Lawyers Today
As a dedicated family law practice in the Tampa Bay area, we work one on one with our clients, resulting in representation that is characterized by genuine care and understanding. If you are dealing with divorce or other family law issues, please contact at 813-223-7739 to schedule an appointment with one of our experienced family and divorce attorneys.
