Mediation & Divorce


Mediation & Divorce Proceedings in Gainesville, FL

Divorce mediation is increasingly becoming a common choice for obtaining a divorce. Its collaborative framework attempts to put both parties at ease and make them feel heard. Though it is not preferable for every couple, you will be surprised at its many benefits. However, there are still many misconceptions surrounding mediation so the following segments will attempt to clarify them.  

Benefits of Mediation

During litigation procedures, both parties are represented by divorce attorneys Gainesville, FL couples have chosen. Thorough and aggressive steps are then taken by both lawyers which can quickly put couples on the defensive. Mediation offers the exact opposite. Your mediator will not represent either of you, but will instead focus on facilitating conversation. This format allows you to remain in control. If you choose to go through divorce litigation, a judge will listen to both divorce lawyers Gainesville, FL, law dictates you must have and enforce specific policies that the both of you must then follow. If you use mitigation, you and your spouse will be able to make decisions for yourselves, which is especially helpful in big decisions such as child care.

A mediator can listen to both sides and help you establish a parenting plan. Working together to make compromises will hopefully set a helpful precedent of improved communication for all future parenting decisions. Mediation is also advantageous because it is a series of informal conversations. This informality will exponentially speed up the process and greatly reduce the financial expenses traditionally associated with divorces. Divorce mediation is also less emotionally stressful. Both the couple and mediator agree to confidentiality so that true opinions can be expressed throughout mediation sessions without fear of consequences. Divorce litigations are different in that all proceedings are considered public and may put undue stress on any children involved.

What to Expect from a Mediator

Each mediator will have a slightly different procedure they use to complete mediation, but most have several common factors. The mediator will begin by calling each spouse separately and obtaining background information on the family and the situation. The amount of information they wish to collect will vary depending on the mediator. Next, you will meet all together for the first time and each party will be permitted to make a statement. During this session, your mediator will determine whether he or she will meet with both of you separately or if you will all confer simultaneously. Additionally, you will create a list of the issues that must be resolved.

Many people fear the ability of the mediator to consider the opinions of each spouse equally. Even if one spouse tends to be more dominant than the other, it is the responsibility of the mediator to make sure that both are heard equally. Further, because mediators are not able to make decisions for the couple, one party needs only to express their dissatisfaction with a topic to prevent a conclusion from being made. Mediation is capable of benefiting couples even if they are hostile. Mediators are highly trained in facilitating communication between angry parties. Throughout the mediation process, couples tend to relax and begin to participate fully in order to avoid the dangers associated with litigation.

Divorce Mediation in Gainesville, FL

It should be noted that mediators do not necessarily keep parties informed on all of the legal ramifications of each decision. They are not legally representing either person and allow any decision as long as it is not illegal. Therefore, if you choose divorce mediation, you may want to consult dependable Gainesville divorce attorneys to advise you in between sessions. Contact the Law Office of Silverman, Mack & Associates for superior legal advice throughout your divorce mediation.