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Mediation vs. Trial

Divorce agreements can be created using mediation. In mediation, the divorcing couple controls the details of the agreement, whereas in a trial, the judge determines the post-divorce arrangements. Many Florida counties require couples to attempt mediation before a trial date can be set in an effort to make the process easier on the family and to avoid overcrowding of the court system.

About Mediation

Mediation is overseen by a third-party neutral facilitator who might be an attorney, but is not the attorney representing either spouse. Individual attorneys for each spouse can be a part of mediation, but they are not required. The role of the mediator is to manage productive communication about the issues in dispute. They remind the couple of risks they face if they allow courts to determine the details of their divorce agreement.

The process of mediation is different in each case, depending on the family and the style and approach of the mediator. However, all follow a structure focused on making it easier for couples to reach a resolution in their divorce. Mediation can take just one hours-long session or last several weeks, depending on the family.

Common Issues

Mediation helps couples address all of the most common issues in divorce. It also help adress issues specific to their circumstances, including:

  • Parenting time and custody issues
  • Child support
  • Spousal support
  • Division of assets and debt

The goal of mediation is to help divorcing couples move forward with the divorce process. It helps them find the best resolutions for their family. Mediation makes it possible to pursue unorthodox solutions that might not be an option in a court divorce. It allows couples to tailor their divorce agreement to their needs and the needs of their children. This increases the odds both spouses walk away from the marriage satisfied with the arrangement. Mediation also makes it easier for former spouses to co-parent without future disputes.

It is confidential and less formal than a trial. It allows divorcing spouses to speak openly and honestly about the issues in question. Many find that by working with a mediator, they are able to find solutions to problems that have caused ongoing debate. They not only have a reasonable arrangement that works for all members of the family, they feel better about their situation and are able to function better post-divorce. This is one of the reasons so many people consider mediation better for children of divorcing parents.

Learn More About Mediation

If you would like to know more about mediation and how it can help you end your marriage outside of the courtroom, contact The Law Offices of Robert M. Geller at (813) 405-1509 or use our online contact form to request information.

  • Call (813) 405-1509 anytime, or use this contact form, for your free initial consultation.
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  • Call (813) 405-1509 anytime, or use this contact form, for your free initial consultation.
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