What is Mediation?

Mediation is a process by which a third-party (that just means they aren't involved in the dispute) neutral (someone who doesn't have a vested interest in the outcome) helps the parties talk and negotiate to reach their own decision about the outcome of their case.  The mediator facilitates the discussion, but they do not make any decision about the case.  This process is much more efficient and less expensive than going to court.

What else makes it different?

The process is entirely voluntary.  While a judge may order the parties to mediation, once they show up for the mediation they are not required to reach an agreement.  They are encouraged to do so, but they are not required to.  Exploring a settlement, though, allows them to consider things that are important to them that the court may not allow them to discuss if they were in that process.  Mediation is informal.  The parties are asked to be civil toward each other, but they do not have to follow the highly  structured, and foreign-seeming procedures of the courtroom.

What kind of disputes can we resolve with mediation?

Mediation can be an effective tool for resolving a wide range of disputes.  Since the process is voluntary, it may be difficult to convince one of the parties to use mediation before a lawsuit has been filed, but it can result in a better solution with less time and money being invested.  Additionally, more and more civil matters are being referred to mediation.

Mediation can result in repaired or retained friendships.  Sometimes parties allow their emotions to get in the way of talking about things constructively.  This is where the mediator can help the parties get past these issues and get to the root of their disagreement and possibly resolve it.  Many times, the parties will leave the mediation with their issue resolved and their relationship restored.

What about divorce?

Mediation can be particularly effective in divorce situations.  Getting a divorce through lawyers can be very costly.  While mediation is not cheap, it is a much better value for most parties.  Particularly if they agree (or can reach an agreement) on the fundamental issues.  Instead of hiring two lawyers for $300 - $400/hr., both parties share a mediator for $200/hr.  While tensions, and emotions, may be high, the mediator is trained to help facilitate conversation and to keep the negotiation on track.  It is possible, with a lot of hard work, to complete a Florida divorce for less than $2,000.  (This assumes less than 8 hours of mediation, plus court filing fees, which are $408 in Hillsborough County, and $40 per party for the court-mandated parenting class for a total of $1988.00.)  If an agreement can be reached more quickly, the fees will be even less.  Court filing fees vary by county and some mediation conferences may be longer or shorter.  Depending on how hard you're willing to work with your spouse, you may be able to save even more.  This example is for illustrative purposes and should not be construed as a quote or guarantee.  It is always wise to consult an attorney and/or have representation when tackling something as important as a dissolution of marriage.  Although we can work with you to reach an agreement that the court will accept, we cannot give you legal advice or interpret any case law or statutes that may apply to your case.

If you have any questions about the mediation process or whether it could work for you, please let us know and we'll get back to you as soon as possible:  Higher Ground Mediation, LLC: (813) 345-3940 or bob@highergroundmediation.com