Can Divorce Cases be Resolved through Mediation?
Nearly all Palm Beach County Divorce Cases are resolved through the Divorce Mediation process. Sometimes the mediation takes place before a divorce petition is filed and sometimes after. Sometimes spouses are represented by divorce lawyers in Divorce Mediation and sometimes they are not. Sometimes Divorce Mediation takes less than two hours but in other cases the process can last several days. Regardless of when mediation happens, who is present and how long it lasts, the fact remains that Divorce Mediation is the most effective and efficient process for spouses to timely and peacefully resolve their marital affairs. Most Palm Beach County Florida Divorce Mediations begin with both spouses and their lawyers sitting at a conference room table with a neutral mediator. Typically the mediator is a lawyer who is familiar with Florida’s Divorce Laws.
The mediation session will begin by the mediator explaining the mediation process to each of the spouses and their attorneys. Thereafter, to make the process easier (and to keep either spouse from being uncomfortable or intimidated) one spouse and their lawyer will typically leave the room while the other spouse and their lawyer speak with the mediator about their proposed divorce settlement terms. This process can take place all in the same room when both spouses are comfortable with the idea.For the rest of the Divorce Mediation, the divorce mediator will work as a “go between” each spouse (typically while they are in separate rooms) and attempt to narrow settlement positions down to the point where both spouses agree on the terms of a divorce settlement.
During some mediations each and every single issue (property splitting, spousal support, timesharing with children, and child support) are resolved. In other Divorce Mediations, some but not all of the issues are resolved on a temporary or permanent basis.Once the parties agree to the terms of their settlement the divorce mediator or one of the lawyers will typically prepare a Marital Settlement Agreement for the spouses to sign before the mediation ends. The goal of this process is for the spouses to leave the Divorce Mediation with a signed contract that resolves all of the legal issues of the divorce.
Once a divorce settlement is reached it will be submitted by one of the lawyers to the divorce court judge for approval. In nearly all cases the divorce court judge will approve the settlement reached between the parties. Divorce judges almost always honor the agreement of the parties (figuring that it is typically the best for parties to work out divorce under their own terms without unnecessarily spending their money or burdening the court).