How Does Mediation Compare To Litigation?
Since Florida is a no fault divorce state, there is no need for any specific allegation as grounds for a divorce. The only structure needed for a divorce to proceed in Florida is that both agree that the marriage is irretrievably broken. That phraseology is included in the petition that I generate for people and the Petitioner would sign the petition that requests the court grant the dissolution of the marriage. The other person would be identified as the Respondent, who would respond to the petition and sign a statement that says they agree with the information contained within the Petition, and ask the court to grant the petition to dissolve the marriage.
The petition essentially references the Marital Settlement Agreement and the Parenting Plan, which are the specific details that the two people have worked out between themselves. By virtue of the fact that those who use my services leave with a full set of documents to present to the court, there is no need for any request for production of documents by either side. Thus, the traditional role of the Petitioner in a divorce, based on the complete package that I provide for them, no longer exists. All the required documents are submitted on the same day, at the same time, and the case is ready to be set for the final hearing.
A primary difference between the Petitioner and the Respondent is that the petitioner must attend the brief final hearing whereas the Respondent may attend the final hearing. Either way, every document that is constructed during the course of a mediated divorce does end up in the court record. The final judgment by the Judge is where he or she orders the people to comply with that which they agreed to in their settlement agreement and parenting plan.
Additional Information On Mediation Process In Florida
My responsibility is to both parties equally…I represent neither one nor the other. Generally, when a party contacts me on the phone and has a discussion about the process of mediation, I always encourage them to invite the other party to call me and have a similar conversation. I am mandated to be neutral and I want both people to understand they have the same access to me. Both will be treated as equals, and both will hopefully come to recognize the rights of the other to come away with a fair negotiated settlement. Part of mediation is about supporting the couple to concentrate on their future and beginning to learn to leave the past behind. Having a background as a therapist helps me to be sensitive to what’s going on with my clients as opposed to merely covering talking points. There’s a turbulence that accompanies divorces for both the adults and the children. The value of a divorce by mediation to the adults is the ability to reduce or eliminate that emotional turbulence, stress, and expense, but the value to the children is immeasurable and becomes evident as the years go by, with the children have been able to enjoy positive and loving relationships with both parents without having to deal with negative statements such as “…your Father / Mother took me to Court and…”.
No one “draws blood” from the other in a mediated divorce settlement because there is nothing to prove. Clients have contacted me several years after their divorce and said that they get along better now than when married, and they can focus on the best interest of their children.
For more information on Mediation As A Legal Process In FL, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 834-5800 today.
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