Divorce mediation is a peaceful alternative to the traditional court battle. It’s not therapy, and it’s not for spouses who want to fight.
Mediation might be right for you if you’re on decent terms with your spouse and you’re willing to work out the details of your divorce together.
Maybe you have a child, some cars, property, a retirement account, and you’re just looking for the best way to split things up and resolve your differences without major conflict. In situations like this, mediation works really well.
Divorce Mediation Lets You Decide Your Family’s Fate, Rather Than a Judge Deciding For You
Here’s why you’ll love this process...
- It’s fast - Most clients come to a settlement within a single session that takes a few hours. Sometimes it takes longer. The session includes drafting the agreement, parenting plan (if applicable), petition, and supporting documents. The divorce is finalized in about three weeks.
- It’s affordable - For one couple, you’ll pay a flat fee of $1,700 per session. Most mediations are resolved in the first session with an amicable agreement being reached. It’s inexpensive compared to an 8-month court battle that ends up costing each of you or one of you, $10 - $20K in legal fees or even more.
- It’s better for your kids - Shield your kids from a potentially painful custody battle by legally establishing a time sharing (visitation/custody) agreement that’s fair to everyone.
“For the sake of your kids...
mediate, don’t litigate.”
Jose Medina, Esq.
“I’ve spent decades in family court speaking to the kids of divorcing parents, and the number one thing they wish for, or say they want Santa to bring them is for mommy and daddy to get back together. Or for daddy to come back home.
The second thing they wish for most is wanting mommy and daddy to get along … Or not wanting to hear them fighting anymore … it’s truly heartbreaking.
And that’s just one of the reasons I’m passionate about showing people this process. It will keep the love you once shared from curdling into poison which will poison your children as well. There is a better way."
Find Out if Divorce Mediation
is Right For You
Call us: (305) 461-8288
or click below to schedule a consultation by email.
How it Works
When you use mediation for divorce, you’re embarking on what is commonly known as an "out-of-court settlement.”
A judge must still approve your agreement, which is why it’s important to have your agreement drafted by a mediator with a legal background.
What to expect:
You’ll come in and sit down for a consultation with Jose Medina or another attorney mediator at the firm.
Attorney, Jose Medina
You’ll get a feel for us and how we work, and we’ll find out about you, and the specific needs of your case, so we can make appropriate recommendations.
If mediation feels like the right fit, we’ll set a date to make it happen. 80% of our cases are settled in about 3 hours. If you need more time, we can certainly accommodate.
Communicating with your mediator:
Communication will be in person, with all parties present. If email is used at any point, copies will be sent to both sides.
One-sided communication doesn’t occur because the mediator must remain neutral.
Legal advice and mediation:
Mediation is different than litigation. Your mediator can provide legal information, but not legal advice.
For example, he may explain the statute which defines how and when alimony is granted, but he cannot provide an opinion.
Your mediator will calculate child support for you and explain how it’s applied and what’s acceptable by law, so your agreement won’t get rejected by a judge. (see our online child support calculator.)
Child custody and time sharing:
Formerly referred to as “visitation,” a time sharing agreement acceptable to both parents can be easily drafted, saving everyone from more conflict and an uncertain outcome handed down by a judge.
Child support:
Child support cannot be waived and the amount awarded must be consistent with Florida child support guidelines.
When mediation alone might not be enough:
If you’re married to somebody who’s self-employed and you think he or she is hiding money, then you might want to get an accountant involved.
Or perhaps you’re just not 100% comfortable not having a legal representation for your side?
You still want to work things out amicably and affordably, but you want representation… in that case, then collaborative divorce might be a better solution for you.
Did You Know Mediation is a Requirement
For Contested Divorces in Florida?
If you’re planning on going to court to fight it out, the judge will eventually make you go to mediation before you go to trial.
Yes, that’s right. You will be paying thousands in legal fees, only to end up going to mediation anyway.
In many cases, it makes sense to go to mediation early in order to avoid increasing animosity and high legal fees. We say this because 80% of divorce litigation cases actually get settled before trial, through mediation.
And then there are the clients that run out of money and are forced to settle in mediation. If only they had started mediation first.
The way to avoid high costs and non-favorable decisions is to avoid going to court as much as possible.
Instead of going to court, parties in a divorce should always consider early mediation as a way to resolve one or all of the pending matters.
That’s why we always start our divorce litigation cases with mediation first.
Why It’s Smart to Have an Experienced Divorce Attorney Mediate Your Case
You don’t have to be an attorney to be a “divorce mediator,” but it’s very helpful to have a mediator that’s also an attorney.
Divorce is complex, especially when you have kids, property, and assets to consider. An experienced attorney, can guide you and your spouse toward an agreement that legally protects you both.
Having been in the trenches with couples for decades, we can lead you through this gracefully, even if your situation is complex.
A typical settlement agreement involves the following:
- Property division
- Child support and custody
- Splitting retirement fund assets
- Spousal support (alimony)
- Tax consequences
When you hire us to mediate your divorce, as your “mediator” we won’t be able to give you “legal advice,” but our knowledge of the law will be a direct benefit to you and your spouse. Here’s why...
- Your agreement will be legally binding because it’s drafted correctly by an attorney.
- Your mediator can explain to you the kinds of things a judge might consider in specific scenarios.
- You’ll be warned of any legal ramifications surrounding your specific circumstances, so you can make informed decisions.
Preserve Your Savings, Your Dignity,
Your Relationships, and Your Sanity.
Schedule a consultation today
so you can move forward with your life.
Call us: (305) 461-8288
or click below to schedule a consultation by email.
Still Not Decided if Mediation is Right For You?
Explore Your Other Options ...
Collaborative Divorce
You don't want to wage war with your spouse, but your marriage is complicated, maybe a little contentious?
Each spouse wants legal representation, but both are willing to sit down and work out an agreement with mediators and attorneys present.
It’s a cutting edge approach to divorce, where the client and attorney’s interests are truly aligned, and a drawn out legal battle is avoided.
Divorce Litigation
When communication between you and your spouse is broken, sometimes litigation is your only option.
With over 20 years of experience in the trenches of divorce court, Jose Medina will handle your case with skill, care and integrity.
If your spouse wants to wage war, then you need experienced legal representation.