Florida Encourages Out-of-Court Dispute Resolution

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The following is part of an appellate brief that I wrote which outlines how the Florida legislature, the Florida Supreme Court, and the Thirteenth Judicial Circuit in and for Tampa encourages the settlement of disputes, especially in family law matters:

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Florida strongly encourages out-of court settlement of disputes. See Fla. Stat. § 61.001(2)(b)-(c) (the purposes of Chapter 61, among other things, are “(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.”); In re Report of the Family Law Steering Committee, 794 So. 2d 518, 522-523 (Fla. 2001); see, also, Robbie v. City of Miami, 469 So. 2d 1384, 1385 (Fla. 1985) (“[s]ettlements are highly favored and will be enforced whenever possible.”).

In re Report finds, in part, the following:

The Florida Supreme Court should adopt the following guiding principles as a foundation for defining and implementing a model family court:

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3. All persons, whether children or adults, should be treated with objectivity, sensitivity, dignity, and respect.

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Money Talk 1010 AM: Cost Savings of Collaborative Divorce Compared to Trial Divorce

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I recently was at the St. Petersburg studios of Money Talk 1010 AM with fellow attorney Joryn Jenkins to discuss, among other things, how a collaborative divorce tends to make more financial sense then going through the traditional courthouse divorce.  The discussion was facilitated by Let’s Talk Law’s Roxanne Wilder and sponsored by Next Generation Divorce.

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The radio program begins around the 5:30 mark after the jump below.

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Cordover Presents on LGBTQ+ Family Law in Sarasota

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Family Diplomacy’s managing attorney Adam B. Cordover gave a presentation on “The New Family: LGBTQ+ Issues & Family Law” at the 2015 Fall Conference of the Florida Court Professional Collaborative (FCPC) of the Twelfth Judicial Circuit.  The title of the Conference was “2015 Trends in Family Law.”

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UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

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I am a huge fan of the Ultimate Fighting Championship, usually referred to by its initials, UFC.  This comes as a big surprise to those getting to know me, because in my professional life I am dedicated to helping Tampa Bay families peacefully resolve their differences via the collaborative law process.  But there is something about the techniques, the artistry, the competition, the drama of a good fight that keeps drawing me to watch the sport.

And yet, I am not a big fan of another UFC, the Unified Family Courts, at least not as a means to resolve family disputes.  Beginning in 1991, a series of Florida Supreme Court opinions set out to create separate court division for families going through divorce, coordinate actions among the judges, and resolve family law issues in a fair, timely, efficient, and cost-effective method.  Though we have incredible and dedicated judges, clerks, and court staff who try their very best, it is still a very flawed system for helping families move on with their lives.

This post looks to compare these two UFCs.

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Do You Want A New Name?

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With Pope Francis’ visit upon us and the recent celebration of the Jewish New Year, many Floridians are looking inward and have decided that they want to turn over a new leaf. For some, that may include a decision to adopt a new legal name.

Name Change

 

Fortunately, Florida has procedures that permit most adult residents to change their name.

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Money Talk 1010 AM: Introducing Collaborative Divorce

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I recently had the opportunity to appear on the Let’s Talk Law radio program along with Licensed Mental Health Counselor Linda Peterman.  We were introducing collaborative divorce to the Tampa Bay listeners of Money Talk 1010 AM and had a great conversation with host Roxanne Wilder.

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Collaborative divorce is a private form of dispute resolution where each spouse retains an attorney.  The attorneys only focus on negotiating an agreement, and they are contractually barred from engaging in contested court proceedings.  All negotiations are had in a private conference room rather than the public courthouse.

A neutral facilitator, who generally is licensed in a field of mental health, oftentimes helps the spouses focus on what is most important (such as the welfare of the children) rather than the arguments of the past.  A neutral financial professional, who has either a financial planning or accounting background, is frequently retained to efficiently ensure full financial transparency and aid the spouses to make the transition from married life to financially independent single life.

You can listen to the radio program, which was sponsored by Next Generation Divorce and aired on September 4, 2015 immediately after the Dave Ramsey Show, after the jump.

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Florida Supreme Court Certifies Adam B. Cordover As Family Mediator

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Family Diplomacy managing attorney Adam B. Cordover has been certified by the Florida Supreme Court as a Family Mediator.  Certification is reserved for those who meet the Florida Supreme Court’s qualifications, attend a 40-hour mediation course, and engage in observations and co-mediations for training purposes.

Florida Supreme Court Mediator

 

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Collaborative Divorce in Israel: The Peaceful Divorce

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While Collaborative Divorce began in the United States in 1990 when Minnesota family law attorney Stu Webb declared that he would no longer take any new litigated cases, it has spread throughout the world to provide spouses with a private, respectful method to separate.

להתגרש בשלום

One such place that it has spread is Israel, where a practice group named “L’Hitgaresh B’Shalom” based out of Tel Aviv is teaching Israelis how they can constructively restructure their families.  L’Hitgaresh B’Shalom roughly translates as “The Peaceful Divorce,” “To Divorce in Peace,” or “Divorcing Peacefully.”  In a region that is oftentimes in the midst of physical battles, it is amazing that there are professionals who are attempting to insulate families from the destruction of court battles.

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Radio Commercial: A Next Generation Divorce

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Lately, as a member of Next Generation Divorce, one of the nation’s largest collaborative practice groups, I have had the opportunity to appear on Money Talk 1010’s Let’s Talk Law program.  Those programs will be on the web shortly.

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In the meantime, you can find a 60 second commercial on Next Generation Divorce and the collaborative process below.

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Classes for High Conflict Parents in Sarasota & Bradenton

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Every family law attorney has met parents who simply do not seem to get along.  One parent says yes, the other automatically says no.  Mom says the sky is blue, while dad says mom is just plain wrong.

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I strongly encourage parents who have a toxic relationship to attend high conflict diversion classes.  One such class is taught by Shaun Hoyle, who has undergone collaborative training and is the owner of Life Lessons of Manasota, Inc.

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