How A Tampa Divorce Lawyer Can Use Mediation To Help His Clients Seeking A Divorce In Florida

December 2nd, 2011 No Comments   Posted in Mediation

Article by Florida Law Group

Divorce can be a very difficult and expensive procedure for both parties involved. When a divorce is initiated there are many issues which must be resolved between the two parties. For instance, which spouse will become the primary guardian of the children, who gets to keep the house, and the amount of alimony or child support to be paid each month. Often, the two parties will disagree on the appropriate resolution for these issues and hire a Tampa divorce lawyer to negotiate on their behalf. Negotiation can be a very long and time consuming process, resulting in high fees paid to the Tampa divorce lawyers. If the parties fail to come to an agreement a Florida family law court will decide the outcome of each contested issue for them. In most cases, it is best for the two parties to resolve the differences between themselves, rather than having a Florida family law court decide the outcome. If the two parties are struggling to reach a settlement and do not want to leave the decision in the hands of a judge they should consider mediation.

Mediation is quickly becoming a very popular tool in divorce negotiations. Mediation is when the two spouses and their Tampa divorce lawyers meet with a neutral party to discuss resolution of the issues. The mediator should be someone who is well verse in Florida divorce law and has experience with Florida divorce proceedings. Often, the mediator will be a retired Tampa divorce attorney or Florida family law court judge. The mediator does not decide the outcome of the negotiations or provide legal advice to the two parties. The mediator has no legal authority to determine the outcome of the contested issues. However, the mediator can present alternatives and provide a neutral third party opinion to help the parties reach an agreement. Mediation also allows a Tampa divorce lawyer an opportunity to better gauge his client’s position. If the Tampa divorce attorney is unable to persuade the mediator that his client’s position is legally sound it could indicate that the argument would be unsuccessful if brought before a Florida family law court.

Under Florida divorce law, anything discussed during mediation is considered confidential and may not be used as evidence if the mediation fails and the divorce is brought before a Florida family law court for adjudication. However, a mediation report will be sent to the court outlining what was agreed upon and what issues are still remaining. If the mediation was successful then the mediator will draft an agreement for both parties to sign. Once the agreement is signed, it will be forwarded to the court and the judge will often honor the agreement.

For more information on mediation or to schedule a free consultation with a Tampa divorce lawyer contact Florida Law Group.

Florida Law Group has served as a dependable source for information regarding a Tampa Divorce Lawyer for many years. For dependable answers and advice on finding a reputable Tampa Divorce Attorney visit our website today.