What are the Benefits of Mediation in Florida?

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Florida family laws require that certain types of cases must be mediated if the issues in the case are disputed by either party. Learn more about the benefits of mediation in Florida in this presentation.

Transcript of What are the Benefits of Mediation in Florida?

Page 1: What are the Benefits of Mediation in Florida?

WHAT ARE THE

BENEFITS OF

MEDIATION IN

FLORIDA?

TINA L. LEWERT, ESQ.

Florida Family Laws Require that Certain Types of Cases Must be Mediated If the Issues

in the Case are Disputed by Either Party

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Tina L. Lewert, Esq. knows the value and benefits of mediation in family law cases. She

is a Florida Supreme Court Certified Family Court Mediator and, as such, she has been

helping individuals, couples and families work through their problems to find solutions

that are in the best interest of all parties. Mediation is a valuable tool for resolving

differences in an environment that fosters cooperation and compromise.

What Is Mediation?

Mediation is a process used to encourage

and facilitate the resolution of disputes

between two parties. The process is

moderated and guided by an impartial, third

party, known as the mediator, who is trained

to help parties identify issues that need to be

addressed and who helps facilitate an

agreement between the parties. The parties are free to come to whatever decision they

feel is in their best interests; however, the agreement must be voluntary and mutually

acceptable.

What Is The Role of The Mediator?

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As an impartial, third party, the role of

the mediator is simply to encourage

the parties to work toward an amicable

resolution to their differences. The

mediator may not impose his or her

decisions on the parties nor side with

one party over the other. The ultimate

role of the mediator is to do whatever is necessary and within his or her power to assist

the parties to come to a mutually satisfactory agreement between themselves instead

of submitting to decisions forced upon them by the legal system.

Roles of a mediator include, but are not limited to:

Contacting the parties to schedule meetings;

Listens to the parties in order to gain a better understanding of each party and

the issues involved;

Help the parties identify issues that must be addressed and settled;

Provide information and education that helps the parties work toward a

resolution to their problems;

Offer suggestions, when necessary, to keep the parties moving toward

settlement;

Translator – Assist the process by reframing or rephrasing communication so it is

better understood and received by the other party;

Acts as a buffer between the parties to help control tempers;

Responsible for keeping track of information and drafting the written agreement

between the parties; and,

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Explore settlement alternatives should the mediation fail to accomplish the goal

of reaching a mutually satisfactory agreement between the parties.

Benefits of Mediation

The biggest benefit of using mediation to resolve family law issues is that the parties

involved are in control and they get to decide how to resolve their conflicts. Rather than

allowing the court to impose its decision on the parties, they are allowed to work

together to resolve their conflicts for their best interest and the best interests of their

children.

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The benefits of family law mediation extend beyond allowing the decision-making

power to remain with the parties. Benefits of using family law mediation to resolve

issues include:

Mediation is typically less expensive than family law litigation.

Medication can produce faster results and settle matters quicker than going

through the court system.

Because both parties are actively involved in finding a resolution to their family

law issues, they are generally more satisfied with the outcome than had they

chosen to litigate.

Mediation is completely confidential which encourages both parties to discuss

sensitive issues they may be reluctant to open up about in a courtroom. This

allows the parties to examine the underlying issues more openly to achieve an

agreement that is focused on their best interests.

Mediation lessens the amount of resentment between the parties as it allows the

parties to clear the air and reconcile their opposing views in a non-adversarial

environment. Litigation is inherently adversarial and does not allow for direct

communication between the parties to resolve their differences. It is difficult to

retain a positive relationship with the other party after a bitterly contested family

court trial.

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Couples who chose mediation typically have a better relationship after the

divorce is finalized. Mediation allows couples to share their feelings and deal with

their feelings as well as resolve the legal aspects of the divorce or other family law

matter. By discussing the personal issues as well as the legal issues, couples find

closure through mediation so that they can move forward rather than continue to

struggle with past issues. This benefit is especially important when children are

involved and the couple will be required to work together to raise their children.

Florida Family Law Mediation

Florida Family Laws require that certain types of cases must be mediated if the issues in

the case are disputed by either party. Examples of the types of family law cases that

must be mediated when there is a dispute include:

Dissolution of marriage

Division and distribution of property

Paternity

Child support

Child custody

Changes in parental responsibility or child support

In order to determine if your family court action must be mediated, you should consult

Tina L. Lewert, Esq. who is a Florida family law mediation expert.

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Learn More about Florida Family Law Mediation from an

Experienced Boca Raton Mediation Attorney

Tina L. Lewert, Esq. has extensive mediation experience. As a Florida Supreme Court

Certified Family Law Mediator, Ms. Lewert is well-versed in the benefits of mediation in

family court cases.

Contact Lewert Law Offices today at 561-544-6861 to schedule an appointment.

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About the Author

Tina L. Lewert, Esq.

Tina L. Lewert, Esq. is a seasoned lawyer who works with

clients to resolve all of their family law and divorce issues,

including complex asset distribution, child custody and

parenting issues, child support, alimony, and marital

agreements, working diligently to obtain the best results

possible. As a Board Certified Specialist in Marital & Family

Law, Ms. Lewert is one of fewer than 6% of lawyers in

Florida who has been designated by The Florida Bar as an

“Expert” in her area of practice. Board Certification is the

highest level of recognition by The Florida Bar of the

competency and experience of attorneys in their field. Certified lawyers are the only

lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or

“Florida Bar Board Certified.” Achieving such status involves meeting the rigorous

standards set by The Florida Bar Board of Legal Specialization and Education, which is

operated by the Supreme Court of Florida, and includes favorable confidential peer and

judicial review, extensive continuing legal education, and substantial involvement and

trial work in marital and family law cases sufficient to demonstrate special competence

in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law

Mediator.

Lewert Law Offices

The Plaza 5355 Town Center Road, Suite 203 Boca Raton, Florida 33486 Phone: 561-544-6861 Website: www.lewertlaw.com