Mediation is required in almost all cases prior to being able to go to a judge. It is a great tool to allow the parties to resolve their case in a completely confidential process enabling the parties to make the decision regarding their family, rather than a judge. Since it is a confidential process, the parties are free to make offers that the Court will not know about unless they reach agreement.
Mediation is conducted with a Florida certified family law mediator, the parties, and their attorneys. The mediator has no decision making authority; rather, their role is to facilitate a settlement by encouraging discussion and diffusing conflict so that offers can be heard and fairly considered. The attorneys are there to guide their respective clients through the mediation process, advise as to the law, and to otherwise ensure their client is reaching a fair agreement.
Once executed, a mediation agreement is binding, and one cannot simply change their mind. Thus, it is imperative that you have the guidance of a professional working for you during the mediation process. The mediator will not be that person, as they cannot give you legal advice or tell you whether you are making the right decision.
Mediation also helps avoid the need for a trial, which can be expensive, contentious, and emotionally draining. Even if you manage to only partially settle, the savings effect to your litigation budget can be significant.
The professionals at Heskin Martinez Law Group have been utilizing this process for 30 years and encourage clients to resolve their issues through the mediation process if at all possible. The key is to be represented by a lawyer who understands both the law and negotiation, and can give you reliable advice about the advantages and disadvantages of settling your case.
Most importantly, a good attorney can let you know when you need to walk away from the deal, and can help you avoid being pressured into signing a bad agreement that you will be stuck with – potentially for the rest of your life.
Questions about Mediation? Call us at 407-403-5990 or contact us (below) schedule your appointment. And if you are in need of a family law mediator, call us at 407-403-5990 or contact us (below) schedule your mediation with either Keersten Heskin Martinez, Esq. or Lisa Smith Bedwell, Esq.