Types of Mediation
Mediation is a procedure where the parties, with or with out attorneys, go to a Mediator to try to work out a settlement. Mediation can be helpful as a "process" to get the parties on the path to resolving their case, but the goal of the mediation is to resolve all of the issues in your case, and as part of the Mediation we'll prepare a Marital Settlement Agreement, and Parenting Plan if there are children, covering all of the agreements.
Most family law cases, even the most hotly contested and most adversarial, settle without a trial. Mediation, for some cases, can be a way to get to the same point more quickly, without the expense of litigation. There is also the potential for mediation to be a more positive and less adversarial process than litigation. In litigation, even if the parties are cooperating and trying to settle the case, it's hard for everyone not to have in the back of their mind that they're involved in something that ultimately can end in a trial - a fight, where someone can win and someone can lose.Pre-Suit Mediation
There are different stages in a case where you might go to mediation, but one type of family mediation is mediation that you and the other spouse or parent go to before filing a lawsuit, instead of fighting the case in court. Each side can go to mediation with their attorney before filing suit, or you and the other party can use mediation as an alternative to hiring attorneys -- this type of mediation is sometimes called "Pro-Se, Pre-Suit" mediation. Many people are familiar with this approach, and you can learn more about it by following this link, Pre-Suit Mediation -- and I describe here some more details about the process, and here how you get the court papers and documents you need prepared and filed with the court, and the costs.I mediate divorces and other family law cases, and am also a Collaborative Family Law attorney. One the focuses of my practice is working with spouses, ex-spouses, parents who want resolve their case without litigation, and going to to mediation as an alternative to hiring attorneys to litigate a case in court is one of the possible, good options. I encourage you to look at the pages on the website describing more about Pre-Suit Mediation.Mediation During Litigation
The other type of divorce or family mediation is the mediation you go to while you court case is pending, before you go to trial. For most family law cases in Broward, Dade and Palm Beach county, the Judge will require you to attempt to settle the case in mediation before the case can be scheduled for a trial. Also, many times you'll want to, or your attorney if you're represented will recommend that you go to mediation before setting a case for trial, to attempt to avoid the time and expense of a trial.
You can call me at (954) 636-4798, or use the contact form here on the website, and we talk about Mediation for your divorce or other family law case.