How Meditation Works in Family Law: The Benefits of Solving Problems Without Going to Court

Q: What are the benefits of Mediation in Family Law?

There are some benefits of mediation (not limited to) : ● Lower costs- Florida courts strive to make mediation affordable and accessible. When a court refers parties to a mediator who charges a fee, the court considers the parties ability to pay before requiring mediation ● Privacy - Mediation is generally a confidential process. Communications made during mediation are protected, allowing parties to have open and honest discussions while working toward a resolution ● More control - Mediation allows families to create solutions that fit their unique needs. Instead of having a judge make the final decision, the parties work together to reach an agreement that works best for their family ● Less stress- Family law disputes can be emotionally difficult. Mediation encourages respectful communication and cooperation, which can reduce conflict and help preserve important family relationships, especially when children are involved ● Agreements can be enforced- If the parties reach an agreement, it is put into writing, signed by both parties, and submitted to the court. Once approved by the court, the agreement becomes legally binding.

Thomas Law Firm
Jul 10
3 min read

Two people in a law office point pens at a contract on a clipboard; text reads Thomas Law Firm PLLC, I'm Here. — Mediation can be a helpful tool in family law cases Thomas Law Firm can help!

By Aniyah Moultrie

Family Law cases can be stressful and emotional. When people have disagreements about

divorce, children or money, many people think they must go to court and let the judge decide

what happens.

But that is not always the case. Many family law cases can be resolved through mediation before a trial is even needed. Mediation gives families a chance to work together to solve problems in a calmer and more private setting.

A mediation helps guide the conversation so each person has a chance to speak and be heard. The mediator does not take sides or make decisions for the family. Instead, the mediator helps both people find solutions that work for everyone.

For many families, mediation can make the process less stressful and help them reach an

agreement without going to court.

What is Mediation when it comes to Family Law?

Mediation is a process where people in a dispute meet with a neutral person called a mediator to discuss their concerns and work towards the best solution. During mediation, both parties have the opportunity to share their concerns, ask questions, and discuss possible solutions. The mediator helps keep the conversation respectful and productive.

Keep in mind that the mediator does not :

a. Take any sides. Give legal advice

c. Act as a counselor or therapist

d. Decide who is right or wrong

Instead, the mediator helps both parties communicate and work toward an agreement. Any

agreement reached must be voluntary and accepted by both parties.

When is Mediation appropriate in Family Law?

Meditation can be used in many family law cases, including:

● Divorce

● Paternity

● Child custody and time sharing

● Child support

● Alimony

● Division of Martial property

● Certain dependency matters involving the safety and wellbeing of a child

In some Florida family law cases, a judge may encourage or require the parties to participate in mediation before trial. Even when mediation is not required many families choose mediation because it can be a more efficient, less stressful and more private way to resolve disputes. However , mediation is not appropriate for every case. Depending on the circumstances, mediation may not be suitable in cases involving domestic violence, abuse, or situations where one party is unwilling or unable to participate safely.

What are the benefits of Mediation in Family Law?

There are some benefits of mediation (not limited to) :

● Lower costs- Florida courts strive to make mediation affordable and accessible. When a

court refers parties to a mediator who charges a fee, the court considers the parties ability

to pay before requiring mediation

● Privacy - Mediation is generally a confidential process. Communications made during

mediation are protected, allowing parties to have open and honest discussions while

working toward a resolution

● More control - Mediation allows families to create solutions that fit their unique needs.

Instead of having a judge make the final decision, the parties work together to reach an

agreement that works best for their family

● Less stress- Family law disputes can be emotionally difficult. Mediation encourages

respectful communication and cooperation, which can reduce conflict and help preserve

important family relationships, especially when children are involved

● Agreements can be enforced- If the parties reach an agreement, it is put into writing,

signed by both parties, and submitted to the court. Once approved by the court, the

agreement becomes legally binding.

How Thomas Law Firm Can Help

Family law matters can be challenging, but you do not have to navigate the process alone. At

Thomas Law Firm, we are committed to helping families understand their options and find

solutions that meet their unique needs.

Whether you are considering mediation or have questions about your family law matter, we are here to provide guidance and support every step of the way. At Thomas Law Firm, our message is simple: “I’m Here.” We are here to listen, here to guide, and here to help you move forward.

References

1. Florida Courts. Alternative Dispute Resolution – Mediation.

https://www.flcourts.gov/Services/alternative-dispute-resolution/mediation

2. Florida Family Law Rule of Procedure 12.740.

3. Fifth Judicial Circuit of Florida. Mediation and Alternative Dispute Resolution.

https://www.circuit5.org/programs-services/mediation-and-alternative-dispute-resolution/

https://www.bonderudlaw.com/blog/how-mediation-works-in-florida-family-law-cases/