Broward divorce mediation is the process by which a neutral person listens to the parties and learns about the specifics of the case, including issues regarding children and division of property and debt and claims for alimony. The Broward divorce mediator will then make a recommendation for a fair disposition of the case. Divorce Mediation is a wonderful process for getting cases settled and is often successful. It is a lot cheaper to go to a Broward divorce mediator typically than to have a case tried in front of a judge with two lawyers involved.
It is also a shorter process to use a mediator than it is to wait for hearing time in front of a judge. (which is often difficult to obtain quickly depending on where in the state your case will be heard) Mediators are not judges and therefore have no authority to force a settlement, or rule on anything the way a judge can. Broward divorce Mediators can be certified by the Florida Supreme Court which means that they receive certain training and have a certain amount of experience. Mediators do not have to be attorneys but it is often helpful, as they may be the most experienced with the law that applies to the issues of your case.
A mediator is not an advocate for either party. It is therefore important to understand that you should bring a lawyer to mediation so that you have an advocate fighting for you. It is also important that you not attend mediation until you have all of the information that you will need to be able to intelligently present your case and know what to ask for. For example, you do not go to mediation until you have all of the financial information with regard to your situation and your spouse’s situation, including but not limited to income information and assets.
It would not be wise for example to go to mediation when you do not know how much your spouse earns or what their financial condition is. Another reason not to go to mediation without a lawyer is because you cannot make a good deal when you don’t know what your rights and responsibilities are. Reading a few things about divorce law on the internet does not make you as knowledgeable as an attorney. .
A successful Broward divorce mediation will result in the mediator drawing up a settlement agreement which will be submitted to the Court, and made a part of the final judgment of the case. An agreement of the parties which results from mediation is as binding as any other legal agreement, and the parties will be ordered by the Court to abide by it. Florida mediation usually takes one session but sometimes the parties have to come back to conclude the negotiations. While the parties may voluntarily agree to divorce mediation at some point, the Judge will order it if necessary.
If a party wishes that the mediator not divulge to the other side what they have said, the mediator will honor that request. Also, if the parties do not choose to be in the same room together during the Broward mediation process they can be placed in separate rooms and the mediator will go back and forth between the parties. A mediator does not know how the Judge will rule, but if they are experienced they will be able to give valuable insight into what might happen if the parties present their case in front of the Judge. If you cannot convince the mediator of your position, you may have trouble convincing the Judge.