Mediation
Dena Thompson-Estes, Esq., is a Florida Supreme Court Certified Family Law Mediator. Over the years, she has obtained more than a 100 hours of mediation training not including being involved in countless mediations as an attorney in her marital and family law cases.
Mediation is an opportunity to privately resolve your matter outside of court by identifying issues and interests, brainstorming solutions, and exploring settlement possibilities. The parties can attend mediation before a case is filed with a court (“pre-suit”), during a litigated case by choice or court order, or after a case has entered a final judgment (“post-judgment”). The Court typically orders the parties to attend mediation before they go to a hearing or trial in hopes that the parties may reach a settlement and avoid further litigation. When you go to court, you have no control over the outcome and your fate lies in the hands of the court.
Mediation can be held virtually or in-person. The parties will be in separate rooms as the mediator goes back and forth to negotiate terms. Mediation is a voluntary process where you are the decision maker and have the power to reach a settlement. The mediator has no decision-making power and cannot force a resolution. At mediation, you can reach a partial or global settlement. Settlements involve compromise which means you may not love the agreement, but you can live with it. The mediator will draft the settlement agreement and/or parenting plan if children are involved and then the documents are given to the parties, and attorneys, if represented, to review, revise, and sign.
Mediation is a confidential process, except where required or permitted by law. Mediators are mandatory reporters for child abuse and elder abuse and permitted to report any intent to commit a crime. Also, the parties and attorneys cannot disclose to the court any settlement offers discussed during the mediation. Further, you cannot phone or text a friend during mediation. Lastly, you cannot have anyone present with you other than your attorney, if represented, with the exception of a forensic accountant or guardian ad litem, but you should inform the other side and make sure they agree to any third party being present. If you do not have an attorney, then you should notify the mediator in advance.
The mediation process is often a quicker and more cost-effective approach versus going to trial where the parties risk getting an unexpected outcome and paying the high cost of litigation.
A mediator is a neutral, impartial person, who cannot give any legal advice, but can assist the parties in reaching an amicable resolution. If you have an attorney, he/she will give you legal advice. If you do not have an attorney, and you feel that you are not able to make an informed decision, then you can request to postpone mediation to a later date and consult with an attorney of your choice before returning to mediation or retaining an attorney to be present with you during mediation.