What are the Benefits of Mediation in Florida?
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Transcript of 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
What Are the Benefits of Mediation in Florida? www.lewertlaw.com 2
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?
What Are the Benefits of Mediation in Florida? www.lewertlaw.com 3
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,
What Are the Benefits of Mediation in Florida? www.lewertlaw.com 4
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.
What Are the Benefits of Mediation in Florida? www.lewertlaw.com 8
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