Min is a Supreme Court Certified Family Law Mediator
The courtroom isn’t the only place where complex matters relating to divorce and paternity may be settled. In fact, it may be possible to arrive at more creative, collaborative and meaningful outcomes through mediation instead. If you didn’t start with mediation you may end up there because Florida requires that all family cases in controversy be referred to mediation.
Whether you are at the start of this process or you’re an attorney looking for a mediator for your case, trust that with Ohye Law you are in good hands.
What is Divorce Mediation?
Divorce mediation is a process in which a neutral third party, called a mediator, helps divorcing couples reach agreements on the issues related to their divorce, such as child custody, child support, spousal support, and property division. The mediator does not take sides or give legal advice, but rather acts as a facilitator to help the couple communicate and negotiate effectively.
Mediation is a voluntary process, and both spouses must agree to participate. If the couple is able to reach an agreement, the mediator will draft a settlement agreement that the couple can then file with the court. If the couple is unable to reach an agreement, they may choose to go to trial.
In cases where the parties can be reasonable, but do not agree, mediation can be an invaluable tool. In a pre-suit mediation the parties would come to a mediation (either pro-se or with their respective attorneys) In these cases I would act as a third party neutral and help the parties come to a settlement prior to filing with the court.
Unlike a judge, I will not make any decisions for the parties. Instead, I will be there to help the parties to find a resolution to their dispute. I oversee the trading of information between the parties and the bargaining process. It is my job to look for common ground between the parties and to try to temper any unrealistic expectations. I may suggest creative solutions to the dispute and may help with a draft of the final settlement.
There are many advantages to divorce mediation
- No deadlines. Because the case is not yet filed with the court, the parties can proceed at their desired pace without statutory guidelines.
- It is less expensive than traditional divorce litigation.
- It is less adversarial and more likely to preserve the relationship between the spouses.
- It allows the spouses to have more control over the outcome of their divorce.
- It can be a more flexible and creative process than litigation.
Mediation for a Divorce
Divorce has the reputation of being a contentious, painful, long-drawn-out process. It may be all of these things, but mediation can alleviate some of the stress that comes with the dissolution of a marriage.
This is possible because mediation happens outside of a courtroom, a setting that is always fraught with tense emotions. Mediation further tends to provide a much quicker resolution to the dispute, which means that both parties can move forward sooner. Moreover, mediation is a collaborative process in which there is an inherent give and take. It lets both parties be active participants, rather than forcing them to wait on the sidelines while a judge makes the decisions.
With good legal representation and a dedicated mediator, it is possible to resolve even the most complex divorce cases in Orlando. Frequently, the mediation process is faster, less costly and more amicable than divorce proceedings in a courtroom.
Mediation for Paternity
Paternity sometimes must be settled before final arrangements for child support or custody may be made. The questions and issues involved in paternity cases are always sensitive. Emotions tend to run high, and there is always the risk that someone, perhaps a child, will be hurt in some way by the process.
The courtroom frequently is where paternity issues are resolved. However, a paternity mediation in Orlando may be the more sensible, and sensitive, choice. If one party has questions about paternity, then it is always advisable to have those questions answered sooner rather than later. Compelling someone to comply through the court can become an adversarial process, which is why the more collaborative approach of mediation may make sense.
Through a process of negotiation, it is possible to arrive at a common-sense solution with which both parties are satisfied. Mediation also may keep some of the personal details of the issues outside of the public forum, guaranteeing better privacy for all involved.
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