Mediation Outline

Tania R. Schmidt-Alpers, P.A.
Florida Supreme Court Certified Family Law Mediator
Our firm wants to mediate your family law case/issues.
Please call us at (904) 827-0525 to schedule a mediation with our office.

Mediation Benefits

Assist parties in achieving a smoother transition during their dissolution of marriage. Improve long term communication between the parties. The Role of the Mediator

The mediator does not represent either party. The mediator does not take sides. Nor does the mediator make decisions for the parties. The mediator's role is to act as an impartial third party who assists in identifying the issues at hand, facilitating communication between the parties in an attempt to arrive at a mutually acceptable agreement.

The Mediation Process

Parties come to the mediation process in varying ways; pre-filing, post-filing where the court orders the parties into mediation and post-filing where the parties voluntarily enter mediation.

Typically the parties will all meet together for the opening/introduction portion of the mediation. During this portion of the mediation the mediator will make introductions and describe the mediation process as well as the role of the mediator.

The mediator will explain that the mediation process is consensual.

The mediator will explain that all communications (written or oral) made during the mediation are confidential (with a few exceptions where disclosure is required by law). This confidentiality fosters open and honest communication without the fear that what they say may be used against them in a subsequent court proceeding.

The parties will be allowed to make opening statements so that the mediator may narrow the issues and determines the goals of the mediation.

The parties will then hold "caucus" sessions wherein the parties (along with their respective attorneys) will be split into separate rooms. This allows the mediator to speak with each of the parties privately and gather information.

In certain instances, the parties may reach a partial agreement wherein they resolve some but not all of the issues outstanding between the parties.

If a full or partial agreement is reached then an agreement will be drawn up (put in writing). Each of the parties will have an opportunity to read/review this prepared agreement and make changes, if necessary, to it before it is finalized with the signing of the agreement by the parties involved. The agreement will then be filed with the Court.

An impasse occurs if the parties are unable to reach an agreement. The mediator will report the inability to reach an agreement but not the circumstances surrounding it to the court.

Failure to attend a mediation when ordered to do so can result in the court ordering the party failing to attend to pay mediator and/or attorney's fees resulting from their failure to attend.

 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney-client relationship.