Frequently Asked Questions

Understanding Mediation

Whether you're considering mediation for the first time or are already in the process, it's natural to have questions.

I've gathered some of the most common ones here to help you feel informed and confident as you take the next step.

What is a mediator?

A mediator is a neutral and impartial facilitator who helps you and your spouse come up with possible solutions, stay on track, and clarify areas of agreement and disagreement. Even if you have already tried to negotiate directly, a mediator can help both parties listen to each other and maintain focus on resolution.

As your mediator, I'm there to facilitate communication and explore potential solutions, not to decide who is right or wrong. Mediators are prohibited from providing therapy, counseling, or legal advice. My role is to help you reach your own decisions in a structured and supportive environment.

What is divorce mediation?

Divorce mediation is a voluntary, confidential process where a neutral third party (the mediator) helps separating couples resolve disputes and reach mutually acceptable agreements on all aspects of their divorce. Unlike litigation, mediation puts the decision-making power in your hands rather than with a judge.

As your mediator, I pave the way for productive discussions, help you explore options, and assist in overcoming obstacles to communication, but I do not make decisions for you or tell you how to resolve your dispute.

How does mediation assist in the divorce process?

Mediation helps the divorce process in several ways:

Facilitates effective communication: I guide couples in communicating productively, even when emotions are high
Promotes cooperation: The process encourages cooperation and compromise between parties
Maintains confidentiality: Discussions and negotiations remain private, unlike public court proceedings
Focuses on children's needs: For parents, mediation helps develop arrangements that prioritize children's best interests
Provides impartial guidance: As a neutral third party, I help both of you stay focused on resolution
Offers personalized solutions: The process allows for creative, flexible solutions tailored to your specific situation
Reduces emotional stress: The collaborative nature of mediation often makes the process less emotionally taxing than litigation.
‍Expedites the divorce process: Even if you are not able to reach an agreement on all issues, the mediation process can help you strategize a path towards resolving your case.

What are the benefits of mediation compared to litigation?

Mediation offers several significant advantages:

Cost-effective: Typically costs 50-70% less than litigation
Faster resolution: Most cases resolve in 3-6 sessions versus months or years in court
Confidential: Unlike court proceedings, mediation remains private
Less adversarial: Promotes cooperation rather than conflict
More control: You make the decisions, not a judge
Better for children: Reduces conflict and establishes a foundation for co-parenting
More creative solutions: Allows for customized, flexible agreements beyond what a court could order
Higher compliance: Parties are more likely to follow agreements they helped create
Reduced risk: Reaching a resolution removes the uncertainty of going to court
Greater understanding: Opportunity to gain insight about why the dispute arose

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What issues can be resolved through mediation?

Mediation can address all aspects of your dispute. Through mediation, we can develop personalized and detailed solutions that focus on your family's unique needs and circumstances.

Do I need to hire an attorney if I use mediation?

While it's not required, I recommend that each party consult with their own attorney during the mediation process.

This ensures you fully understand your legal rights and that any agreement protects your interests. Some clients choose to have an attorney review the final agreement(s) before signing, while others have attorneys more actively involved throughout the process.

As a mediator, I cannot and do not provide legal advice to either party. My role is to facilitate discussion and help you reach agreements, not to advise you on your legal rights or options.

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What if we can't agree on everything?

Partial agreements are still valuable.

Many couples resolve 80-90% of their issues through mediation and only need to litigate the remaining points. This significantly reduces court time and legal expenses. If mediation doesn't resolve all issues, you'll receive a partial agreement covering the resolved matters, and the unresolved issues can proceed to court if necessary.

In addition, mediation allows parties to determine what steps need to be taken, or additional information obtained, to allow for a full and final resolution.

What happens during mediation sessions?

Every mediation begins with an introduction explaining the process and my role as mediator. The process typically follows these steps:

Initial consultation: I meet with each party and/or his or her attorney to discuss the process, gather basic information, and identify matters that require resolution.
Information gathering: Both parties provide financial and other relevant information
Issue exploration: We discuss and analyze possible solutions for each issue proposed by either the mediator or a party, with the goal of reaching agreement. This can either happen as a group or in individual meetings with parties (and their respective attorneys (if involved).
Agreement drafting: If you reach an agreement on some or all issues, a written document reflecting your decisions is prepared.
Review and finalization: Both parties (and their attorneys if involved) review the agreement before signing.

Mediation will ultimately end in one of three ways:

The parties reach agreement on some or all issues
Mediation is adjourned to continue on another day (with the parties' consent)
An impasse is declared if resolution cannot be reached, meaning the unresolved issues will need to be decided by a judge

Is mediation legally binding?

The mediation process itself is not binding, but once both parties sign the resulting agreement, it becomes a legally binding contract. This agreement can then be submitted to the court and incorporated into your final divorce decree, making it enforceable by the court. Mediated agreements have the advantage of being both legally binding and enforceable while having been created through a collaborative rather than adversarial process.

How much does mediation cost?

Mediation is significantly more cost-effective than litigation. I charge an hourly rate for mediation sessions, with costs typically split between both parties. The total cost depends on the complexity of your situation and the number of sessions required.

Most clients find that mediation costs 50-70% less than taking their case through the court system. I'm happy to discuss my fee structure during our initial consultation.

What if my spouse is difficult or unwilling to compromise?

As an experienced mediator with a background in family law, I have strategies for working with challenging dynamics.

I create a structured environment that encourages productive communication and helps move beyond impasses. That said, both parties must be willing to participate in good faith for mediation to succeed.

If your situation involves domestic violence or extreme power imbalances, I can discuss whether mediation is appropriate or if alternative approaches might better serve your needs.

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How do I prepare for mediation?

To make the process as efficient as possible:

Gather financial documents (tax returns, bank statements, property information, etc.)
Make lists of assets and debts
Consider your priorities and where you might be willing to compromise
Think about what parenting arrangements might work best for your children
Come with an open mind and willingness to consider creative solutions

Can we start mediation before filing for divorce?

Absolutely.

Many couples choose to resolve their issues through mediation before filing for divorce. This approach often results in an uncontested divorce filing, which is faster, less expensive, and more private than a contested divorce.

What makes you different from other mediators?

As both a Certified Florida Supreme Court Mediator and an experienced family law attorney, I bring unique insight to the mediation process.

My years of experience representing clients in complex divorce cases have given me a unique understanding of potential pitfalls, creative options, and what makes agreements truly workable. While I never provide legal advice as a mediator, my legal background helps me facilitate informed discussions about the issues at hand.

I combine this knowledge with an empathetic, efficient approach focused on helping you move forward towards a positive outcome.

How do I get started with mediation?

Contact my office to schedule an initial consultation. During this meeting, I'll explain the process in detail, answer your questions, and help you determine if mediation is right for your situation.

If you decide to proceed, we'll schedule your first mediation session and I'll provide information about what documents and information to provide.