Mediation Process
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 voluntary agreement. Mediation leaves the decision-making authority in the hands of the parties’ instead of in the hands of a stranger in a courtroom.
Mediation can take place prior to the filing of a lawsuit (pre-litigation) to avoid the need for a lawsuit, or during litigation to resolve the issues raised in the lawsuit and avoid the need for a trial. This often saves the parties a significant amount of costs and fees. Mediation is a much faster process than litigation and mediated settlements statistically result in results with higher levels of long-term compliance.
The mediation process is a collaborative, consensual, and voluntary process. Everything discussed in mediation is confidential except where disclosure is required or permitted by law. These discussions cannot be used later in the court process. Each party provides his or her version of the dispute to the Mediator. The Mediator asks the parties questions to better understand the issues involved. The Mediator may also meet with each of the parties individually during the Mediation. The mediator shall be neutral and impartial and maintain the decorum of the mediation. The mediator will write a partial or entire agreement for the parties to sign if any agreement is reached. The mediator’s goal is to help empower the parties to resolve their dispute.
The mediator may be an attorney, but will not be able to provide either party with any legal advice. Their role is to help you come to a mutually agreeable settlement. It is suggested that prior to mediation you consult with an attorney to know your legal rights and have an attorney review any agreement prior to signing. Any agreement that is signed will be binding and upheld by the court in the event of a later dispute. If circumstances later change the mediation process can be used again to amend prior agreements.
Treasure Coast Mediation Services (TCMS) offers virtual mediations via Zoom. This allows parties to attend mediation from a place of convenience for them. Virtual mediation is set up in a way to maintain confidentiality of all parties. Treasure Coast Mediation Services has the ability to put individuals in separate virtual “waiting rooms” when requested. For more information about virtual mediation, please contact TCMS for a 15-minute free consultation. TCMS also offers evening and weekend meditations upon request.
Pro Se Mediation explained
An increasing number of couples today are choosing an uncontested approach to divorce. Families are realizing that a chaotic divorce does not result in the desired outcome. Even more increasing, are the numbers of pro se contested divorce cases filed each year. Pro se simply means that an individual is self-represented (in other words, without lawyers). The reasons people are choosing to do this are many, including the hostility oftentimes inherent in a court battle, the potentially adverse effect the divorce process has on children, and probably the most common reason is the financial cost of hiring two attorneys or the costs of prolonged divorce litigation. It is believed that this trend is due to the economic challenges we have seen in the past years. Couples facing divorce are seeking less expensive options to help them dissolve their marriage.
Pre-Suit Mediation and what it is
Pre-suit mediation is a process for resolving the nuts and bolts of divorce before the action is filed with the court. The mediation can also take place at any time during the lawsuit process. In a family case, parties can always agree to voluntary mediation with a private mediator. A court order is NOT required. Pre-suit mediation can be with attorneys or self-represented (pro se as explained above). The parties enter into an agreement to mediate with the mediator detailing the mediator’s fees and expenses. The GOAL is to reach an agreement on all issues which enables the parties to file an uncontested divorce.
Putting the two together gives you pre-suit pro se mediation
Combining the two allows clients to create a format for communication and a model that promotes problem solving. The unique agreement that a couple comes up with during their mediation serves to guide their family in the future. Usually, these agreements cover things such as parenting plans, distribution of property and how the couple will financially move forward (i.e. – assets, debt, child support and/or alimony if applicable). When parties come together and create an amicable agreement, it is more likely that they will adhere to the agreement rather than when a court renders its order. Mediation is your opportunity to determine the outcome of your divorce.
Mediation for Unmarried Couples
Maybe you and your significant other were together for a significant period of time but never made it legal or “tied the knot.” Or, perhaps you had a short-term relationship that resulted in a pregnancy. Whether there is significant history or you hardly know one another, disputes involving paternity, timesharing and financial support can be difficult and awkward for parents who are not married.
Emotions may be at their highest and levels of trust may be low, but going to court can sometimes only make matters worse. TCMS can help you navigate the mediation process. TCMS can help you come to an agreement on timesharing, financial arrangements and how to arrive at the best co-parenting arrangements for your individual situation.
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Our services
Family & Divorce
Marital Settlement Agreements
Parenting Agreements
Modification of any existing agreements
Paternity issues
Child Support
Property Distribution
Family Owned Business Issues
Pre-Suit Mediation
Mediation for Unmarried Couples
Pro Se Mediation
Child Support
Property Distribution
Family Owned Business Issues
• Circuit Civil
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• Family & Divorce
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INTELLECTUAL PROPERTY
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MATRIMONAIL AND FAMILY LAW
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Nicole is a diligent mediator dedicated to a viewpoint of neutrality and problem-solving. Nicole brings over 25 years of legal experience to the mediation table. Nicole is a licensed practicing member of the Florida Bar. Nicole has largely dedicated the past 5 years of her practice to family law. Nicole’s varied legal experience allows her to help navigate challenging personalities and help calm the most difficult of situations. Nicole is skilled at engaging reluctant and complicated dynamics in personalities at mediation in a focused, persistent and poised manner.
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FAQ'S
Mediation can take place via Zoom, in our office or in the attorney’s office.
Family mediation matters are $250 per hour (with a 2 hour minimum).
Absent special circumstances, Florida requires that parties be present for family law Mediation.
Either party can declare an impasse at any time during the mediation. The mediators at TCMS will make efforts to overcome the reasoning for the impasse. However, if the mediation is stalled, the mediator can declare an impasse or adjourn the mediation for a later date.
Everything discussed in mediation is confidential except where disclosure is required or permitted by law. The Mediation confidentiality not only covers the communications that occur at the mediation but also keeps financial information out of the public record. The Court will not ever hear what occurred in mediation. The reason for this rule is so that parties can openly and honestly negotiate without fear that, if an agreement is not reached, that the other party will be in court arguing that you were willing to agree to the matter in mediation.
Mediation leaves the decision-making authority in the hands of the parties’ instead of in the hands of a stranger in a courtroom. It is a much less expensive option and not only saves the parties money but also proves to be less emotionally taxing. Mediation is a much faster process than litigation and mediated settlements statistically result in results with higher levels of long-term compliance.
We understand that scheduling mediations during traditional business hours is often difficult. Contact us to make arrangements to schedule your mediation on an evening or weekend. Please call us at 772.589.0055 or email us at Nicole@TreasureCoastMediationServices.com.
We understand that your schedules are busy and things happen that are beyond your control. Sometimes, despite your best efforts, the parties may not be ready to mediate or your case may get resolved prior to mediation. We do not charge for canceled meditations as long as we are advised of such cancellation no later than 48 business hours prior to the start of mediation. If your mediation is scheduled for a Monday, you will need to notify us no later than 9:00 AM on Friday to avoid a cancellation fee. If your mediation is canceled less than 48 business hours before a scheduled and confirmed mediation, we will bill you for a two-hour session. Please call us at 772.589.0055 or email us at Nicole@TreasureCoastMediationServices.com if you have any questions about the cancellation policy.