Who Benefits from Divorce Mediation?

Mediation plays an increasingly important role in many Miami divorces. This type of dispute resolution can sometimes allow men and women to put aside their differences and find common ground on child custody, alimony, or other issues. Florida courts require couples to attend mediation, whether they want to go or not. But is mediation really useful?

Benefits of Mediation

With mediation, a divorcing couple meets with a trained mediator, who is a third-party neutral. This person is objective and not an advocate for either side. The mediator also is not a judge. Instead, this person listens to the dispute, asks questions, and provides their perspective on how a divorcing couple can resolve different disputes. Mediators can sometimes help couples see creative ways to divide marital property or set up a custody arrangement. When done right, mediation can speed up a divorce while driving down the costs and lowering the temperature.

For these reasons, courts advocate for mediation. You might be sent even if you would rather avoid it. Of course, even if a judge requires mediation, you are not obligated to accept any proposal offered by the mediator. You can always walk away and take your chances at a hearing before the court.

Nonetheless, a good-faith attempt at mediation benefits most people. Here are some tips to get the most out of the mediation process:

• Go into mediation with an open mind. Try to set aside disagreements. People are less happy with mediation when they “dig in” and defend their position at all costs.
• Understand what you want. Some couples end up in mediation because they are fighting, but they do not really know why they are fighting. Before mediation, spend time thinking about what you want in terms of custody, alimony, equitable distribution, and any other issues of your divorce.
• Be willing to bend. You do not have to “break,” but having some flexibility often allows squabbling spouses to set aside differences and work toward a beneficial resolution.
• Hire an experienced lawyer. When mediation fails, a couple ends up in court before a judge. You can only effectively negotiate if you have some idea of how a judge will likely review the case, which means working with an experienced divorce lawyer to help you mediate.

Who Does Not Benefit from Mediation

Mediation is not for everyone, and it often fails. Even when people participate with the best of intentions, they might walk away from mediation feeling more frustrated than when they went in.

Mediation often does not work if your spouse is behaving irrationally or suffers from mental illness. There simply may be nothing you can do to negotiate with someone in these situations.

Also, mediation often fails when there has been abuse in the relationship. You might have a protective order which prohibits you from being in the same space. Mediation may not be appropriate in those cases. You might also reject compromise if you truly believe your spouse is a danger to your children.

Hire the Right Lawyer for Your Case

Hamilton O’Neill is an established family law firm handling high-end divorces. Contact us today, 305-371-3788, to schedule a consultation. A Miami family lawyer is ready to help.