According to Fla. Stat. section 44.1011 (2) mediation is a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement.
Thus, a family law mediator helps the parties explore different settlement opportunities while maintaining impartiality and neutrality. The mediator should have no stake in the outcome but should be a good listener, communicator, and problem solver with the ability to think outside the box to help the parties achieve positive results given the circumstances and facts.
However one of the fundamental building blocks of mediation is self-determination and therefore any agreement must be acceptable to all mediation parties. A family law mediator should hopefully be seen as a positive influence in a normally troubling time.
Mediation can be used to resolve any type of dispute between two or more parties.
In a typical family law divorce mediation the court already has jurisdiction and orders the parties to mediation. In court-ordered mediation either the parties can choose the mediator or the court mediation department can assign a mediator.
If a petition for divorce has not been filed with the court the parties can choose to have a mediated divorce. This could include a pro se mediation where the mediator would assist the parties in filling out all necessary forms and resolving any disputes through mediation.
Prepare your financial affidavit.
Think about a parenting plan and custody arrangements
Think about the division ofassets
Be prepared to make decisions affecting your future.
Be ready to “think outside the box”
Be ready to listen, understand and be creative.
