Tag Archive for: mediation

Mediation FAQs

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The Twelfth Judicial Circuit of Florida (DeSoto, Manatee, and Sarasota Counties) provides the following FAQs for family mediation:

What is Family Mediation?

Family Mediation is an informal meeting where the parties work out mutually agreeable settlements in Family Court cases.  Parties have the opportunity to explore options and negotiate voluntary agreements that may be submitted to the Court for approval.

Who participates?

Family Mediation provides an opportunity for parties involved in family litigation to engage in a facilitated discussion about the specific issues in their case.  Counsel for each party may attend the conference.  Other third parties may only participate if both sides agree.

What issues can be discussed?

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Video: Reducing the Costs of Your Divorce

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The following video from eHow describes how spouses may reduce the costs of their divorce:

Parties should utilize alternative dispute resolution techniques such as mediation to help them reach agreements and reduce time and expense.

General Rules Governing Mediation

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The Fifth Judicial Circuit of Florida (which includes Citrus, Hernando, Lake, Marion, and Sumter Counties) offers the following general rules for mediation:*

  1. Mediation is a supervised settlement conference presided over by a neutral mediator who suggests alternatives, analyzes issues, questions perceptions, uses logic, conducts private meetings with attorneys and their clients, stimulates negotiations between opposing sides, and keeps order. The mediator does NOT hear any testimony, review any evidence or make a decision. The only result of the Mediation Conference is the agreement, or non-agreement, of the parties. This is not an arbitration procedure.
  2. The appearance of counsel who will try the case, and their clients (a management representative if a corporate party) with full authority to enter into a full and complete compromise and settlement is mandatory. An insured party must have a fully authorized representative (not the attorney) of the insurance company attend the mediation conference. Read more →

Helping Children Cope With Divorce

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The Virginia State Bar’s Family Law Section has produced a video which discusses the impact of divorce on children and how parents can go about easing the transition.  The video, entitled “Spare the Child,” utilizes personal stories and everyday language to promote the emotional well-being of children as they go through a family law proceeding.  You may access the video after the jump (click “continue reading”):

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Section 61.183, Florida Statutes

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Mediation of certain contested issues.—

(1)In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court may refer the parties to mediation in accordance with rules promulgated by the Supreme Court. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. Read more →