The Divorce and Bankruptcy Center is ready to assist you immediately with an initial consultation free of charge. All mediation meetings are entirely confidential and will help you to determine whether you require further assistance.
Exploring Mediation...
The Divorce & Bankruptcy Center is a pioneer in the use of mediation and document preparation to reduce the high cost of divorce. Mediation is the art of using a fair and impartial third party to resolve differences. Mediation can be used by individuals who are not represented by attorneys. It can also be used by represented parties to assist in the resolution of issues. After a successful mediation a Settlement Agreement is prepared. Unrepresented parties who have a Marital Settlement Agreement in place, can now use a document service or an attorney to prepare the necessary forms to complete the divorce. Mediators do not provide legal advice.
Key Benefits For Using Mediation:
Important Things for You to Know for a Successful Mediation:
1. Preparation is Vital: In most circumstances there is a direct correlation between level and quality of preparation and success in mediation. Success does not necessarily mean full and complete settlement, but it does mean at least a meaningful and productive exchange of information and a heightened awareness by parties and counsel of each other's strengths and weaknesses. From the lawyer's standpoint, preparation for mediation should be very similar to preparation for trial in terms of thoroughness and understanding of all sides of the dispute. From the party's standpoint, preparation means you should know all you can about your side, as well as the opposing point of view.
Remember, however, that mediation is non-adversarial and informal. Extensive preparation should not translate into hardened, adversarial positioning or negative behavior toward opposing parties or counsel. This behavior is counterproductive and does nothing but inhibit and slow down or halt the mediation process. As in most situations, knowledge is power. Mediation is no exception.
2. Let the Mediator Know in advance if there are any problems or concerns that will assist the mediator in assisting you at the mediation. This is not an improper or prohibited ex parte communication with the mediator, but is in essence a pre-mediation conference and can be confidential if you so desire.
3. Know Who Will Be Present in the Mediation: Once the mediation begins it is too late to ask if someone who should be there, will be there. If lawyers are involved, a little communication with opposing counsel can go a long way toward making the process as productive and successful as possible. If lawyers are not involved, contact the mediator if you have any concerns or questions as to who will or will not be present at the mediation.
4. The Role of The Mentor:. The mediators job is to help the parties settle their differences by asking a lot of questions, listening to the answers, appropriately discussing strengths and weaknesses on both sides, and exploring and discussing the inherent risks and possible outcomes of proceeding to trial. The parties need to understand that the mediator does this with both sides, and that the mediator should be neutral and impartial throughout the process. If anyone in the mediation feels the mediator is not being neutral and impartial, or is somehow "taking sides" this should immediately be brought to the mediators attention. This concern should be addressed immediately if it arises.
5. The Responsibility for Resolving the Dispute Lies with the Parties, not with counsel or the mediator. This is a rare opportunity, and certainly does not arise in the adversarial courtroom setting, and the parties should be prepared to take full advantage of being able to decide for themselves what happens with their dispute.
6. Be familiar with the Florida Rules for Certified and Court-Appointed Mediators, specifically the Standards of Professional Conduct. The Standards, relative to mediator conduct, presently provide, among other things, the following:
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