The Value of Divorce Mediation
My name is Sean Smallwood and I am an Orlando divorce attorney discussing what is divorce mediation and why is it important?
In Central Florida, every single divorce case that is contested, where the parties are disagreeing on any issue in the divorce, is going to have to go to a mandatory settlement conference called mediation.
If the parties don’t really have a lot of money to spend on private mediators then there is court provided mediation that takes place at the courthouse.
In divorces in Orlando, FL where the parties have a little more money to spend they can rely on private mediators. I have used a lot of court provided mediation and I have used a lot of private mediators and I’ve got kind of a neutral opinion about both options.
This is because I have had a lot of great experience as court provided divorce mediation but I’ve also had a lot of poor experiences there.
Similarly, with private mediations, there are some fantastic private mediators who do a really good job of trying to reach settlements in the divorce, but there are also some who really didn’t do that good a job.
For this reason, whichever route you choose to go is something you should discuss with your Orlando divorce lawyer to decide which is appropriate.
As I said this is a mandatory settlement conference that the parties and their attorneys are going to be attending. After a party files for divorce and have completed divorce discovery you will have a really good idea of what the assets are in the case as well as what the incomes consist of. Only once you have a clear financial picture of the case you are ready to schedule mediation and are ready to talk settlement.
I’ve had a very experienced judge in divorce court that I appreciate very much who told me when I was a new lawyer that the essence of a good negotiation in mediation was one where both parties walked away equally upset.
This is because this means that they met in the middle and that particular judge defined that as a good day of mediation.