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Brandon Family Law Attorney > Blog > Divorce > Common Misconceptions About Mediation In Florida

Common Misconceptions About Mediation In Florida

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Mediation is mandatory for most divorce cases in Florida. The process involves both spouses meeting with a mediator, who is an objective third party. The mediator tries to foster communication and compromise between the two parties so they can reach an agreement. While the process sounds fairly straightforward, mediation is still something that is largely misunderstood. Below, our Brandon divorce lawyer outlines the common misconceptions about mediation, and the truth behind them.

Mediators Have the Final Say

Mediation is often confused with arbitration. One of the biggest misconceptions that stems from this confusion is that mediators make the decisions and that those decisions are legally binding. Although this does happen during arbitration, it does not occur during mediation. The only job of mediators is to try to bring the two sides to a resolution without the need for a divorce trial.  When mediation is unsuccessful, the parties must go to court where a family law judge will make the final decisions and those are legally binding.

Mediation Works Every Time

During mediation, the hope is that the two sides will come to an agreement without the need to go to court. If mediation was successful every time, there would be no need for divorce trials at all. Mediation does have a high rate of success, but there are times when it does not work. If one spouse has hidden assets or is the victim of domestic violence, mediation probably will not work. Mediation usually only works when the two spouses are open to compromise and working together to resolve their issues.

Mediation Only Works for Spouses Who Can Agree

When spouses can agree to all terms of the divorce from the start of the process, they can get an uncontested divorce. These cases do not require mediation. The purpose of mediation is to get couples who disagree on certain terms to resolve their issues and reach an agreement. As such, mediation is only for couples who do not agree on all terms of their divorce.

Mediation Does Not Work in Complex Divorce Cases

Mediation works in many different types of divorce cases, including those that involve complicated issues. When parenting time is an issue or one or both spouses have high net worths, mediation still has a very good chance of success.

All Mediators are Pretty Much the Same

Mediators all have the same job, but that does not mean they are all the same. Just like attorneys, mediators all have their own style when trying to get couples to reach an agreement. Some are more active during talks while others are more passive. A Brandon family lawyer can recommend a mediator they believe will be right for you and your case.

Our Divorce Lawyer in Brandon Can Help You Through Mediation

Mediation is a good option for many divorcing spouses, and many find the process makes it easier for them to reach an agreement. However, you still need legal representation when going through the process. At Koether Law, P.A., our Brandon divorce lawyer will ensure your rights are upheld during mediation and review the final agreement to ensure you are protected. Call us today at 813-347-8193 or contact us online to schedule a consultation and to learn more about how we can help.

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