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Common Myths About Mediation In Divorce

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When filing for divorce in Fort Lauderdale, there are certain issues which must be resolved before a final order can be issued. These concern the rights to marital property and assets or spousal support and arrangements regarding children from the relationship. Unfortunately, disputes over these issues can tie up divorce proceedings, jeopardizing your rights and costing you both time and money. Mediation can provide a more effective way of dealing with divorce-related problems but there are a few common myths about the process that makes some people reluctant to participate in it.

Mediation and Your Divorce: Common Myths

Under the Florida Statutes, mediation is used in a variety of different civil actions in which the parties involved have deep disagreements and vastly differing points of view. In divorce proceedings, it may be entered into willingly by the couple as a way to better reach a final settlement or it may be court-ordered by the judge after other types of negotiations have failed.

If mediation is being considered in your case, it is important to be aware of what it actually involves and some common myths that can make couples reluctant to participate in the process:

  • Mediation will not work as my spouse and I do not get along. The point of mediation is to facilitate communications between the parties involved, helping them reach mutually beneficial agreements. In addition to the immediate benefits, it can lay the groundwork for more effective communications in the future, something that is important if you will be involved in child-time sharing arrangements.
  • Mediation will require me to settle for less than what I deserve. Mediation is about reaching reasonable agreements based on Florida law and the facts in your case. While it does require a willingness to compromise, in no way will you be pressured to accept anything less than what you deserve or are legally entitled to.
  • The mediator may take my spouse’s side. Mediators are specially trained professionals and appointed by the Florida Court. They do not represent either spouse but instead are impartial third parties whose goal is to facilitate negotiations. They do not take ‘sides’ nor do they have the power to issue any court orders that go against your wishes or violate your rights.
  • It is better to fight my case in court. Going through mediation helps you work through important issues so that you can create a customized settlement agreement. This is often preferable to fighting your case out in court, where the judge will likely make a more generalized ruling that may not factor in all the details in your particular case.
  • Mediation is expensive. By helping you work through problems and reach agreements with your spouse, mediation can actually save you money both in court costs and legal fees.

Reach Out to Us Today for Help

At the law office of Vanessa L. Prieto, we provide the trusted legal guidance you need in a divorce, answering your questions about mediation and whether it is the best option in your case. To request a consultation, contact our Fort Lauderdale divorce attorney today.

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