WHAT IS MEDIATION?
According to Florida Statute, Mediation is a process whereby a neutral third person called a Mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The Mediator is not a judge. He or she does not have the authority to order either party to do, or not to do something. The Mediator’s role is to assist the parties in finding some middle ground to settle their case.
WHY SHOULD I MEDIATE?
All judges in Florida require parties in litigation to attend mediation prior to trial. In fact, most judges require mediation before a temporary relief hearing. Mediation gives the parties an opportunity to settle their case without the necessity of a trial. In a trial, the judge….not you, make the final decision as to how the parties will equitably divide the marital property. All too often, all parties walk away from trial unhappy. Mediation gives the parties an opportunity to control the ultimate outcome of their marital estate.
Divorce through litigation is often an emotionally and financially difficult process. Litigation by nature is adversarial. Families should teach love. When parents go through a contested and litigated divorce, the process too often teaches impressionable young children a collateral consequence……hate and spite. Mediation is an option to get divorced without the nasty litigation process.
THE CLEAR BENEFITS OF MEDIATION
– You control the Outcome: In trial, a verdict comes from a judge who has known you for maybe a few hours. In mediation, you and the other party work cooperatively to reach a settlement that you both find agreeable.
– Mediation is Less Expensive: Mediation is a wonderful choice for couples who have limited financial resources or for couples who do not want their financial resources wasted on legal fees. Even when parties are represented by an attorney, Mediation can eliminate additional attorney fees for trial preparation and the trial itself.
A SIMPLE, COMPLETE DIVORCE MEDIATION PACKAGE WITHOUT ATTORNEYS
Mr. Wogalter can handle every aspect of your divorce through mediation. If he serves as your mediator, you and your spouse will have the option of not retaining separate attorneys, thus saving you from paying attorney fees.
He can help you come to mutually acceptable agreements over issues such as
- child time-sharing
- property division
- child support
- spousal support
Once you and your spouse have decided on terms of a settlement, Mr. Wogalter will prepare a document called a “Marital Settlement Agreement.” He will also prepare all the necessary documents that will ultimately be filed with the Circuit Court. Depending upon whether children are involved, the entire process can take as little as a month from the time you first file for divorce.
Mr. Wogalter is committed to doing what is in the best interest of the client. He will do whatever is reasonably possible to help you reach an agreeable settlement through mediation and avoid the strain and expense of adversarial litigation.
To schedule an appointment, contact attorney Lance J. Wogalter at his Boca Raton or West Palm Beach law firm today.