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Category: Mediation

Mediating Early in Your Florida Family Law Case (Part II)

Continued from Part I. There is also a school of thought that it is perfectly valid for spouses or other parties to settle a case based on their sense of what is fair, without considering necessarily what they are entitled to under the law. There are some limitations to this – for example orders regarding children have certain requirements and the Judge must sign off on agreements parents reach regarding the children, but if the parents are able to reach an agreement, most times it is something that can be included or incorporated in the Court’s order. If both sides in a case are viewing the case through completely accurate lenses, and there is no uncertainty about what the law says or the facts of the case, both parties could see the same range of possible settlement options and then it would be a negotiation process, decided by what issues

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Mediating Early in Your Florida Family Law Case

As a Broward county divorce attorney, one issue that arises frequently is that divorce and other family law cases, if they are contested, can take a long time. A party has twenty days to file their “Answer” after being served. There can be a period of at least a month or two or longer when the parties exchange or have disputes regarding discovery, or file motions for and attend hearings for temporary support, attorneys’ fees and time-sharing. There can be a period of negotiation between the parties or their attorneys, and before too long several months have passed. In some cases, there is a need for a hearing on temporary support and attorney’s fees early in the case. One party may have the financial resources to support themselves and pay for their attorney while the case is pending, while the other side does not. It makes sense to try to

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Preparing for Your Florida Divorce Mediation (Part II)

Continued from Part I. For issues regarding the children, you can think about the type of time-sharing you want in the case, that you think is best for the children, and works for you and the other parent. For overnight time-sharing, relevant issues include being sure there’s a place in the home, apartment for the child to sleep, and the work schedule for each parent. Safety for the child, and for one or both parents is an issue in some cases. You’ll have to decide on how you want to handle the time-sharing exchanges and transportation, as well as money issues such as paying for extra-curricular activities, and medical, dental, vision expenses that are not covered by insurance, and who is going to get the health insurance for the child. The cost for health insurance is almost always added into and apportioned between the parents as part of the child

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Preparing for Your Florida Divorce Mediation

Mediation is available for you at different stages of the process of your pursuing your Florida divorce or other family law case. For a Broward County Divorce and for most other family law cases in Broward, Dade or Palm Beach county, you will be required to attend mediation before you can go to trial and finish your case, if you have not been able to settle the case on your own with the other side. You can also use mediation as a way to try to resolve you divorce, before filing suit in court – i.e. you and the other party to the case go to mediation and try to settle rather than litigating the case in court. Whatever route to mediation you take, there are some things you can do before the mediation to prepare – to help the mediation be as successful as possible and to help be

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Revisiting Florida Divorce Mediation

I wanted to return in this post to a topic I have discussed before — the benefits of mediation for a divorce or other Florida family law case. It has been about a year since my last post about mediation, and in that time I’ve continued to become more and more convinced that mediation works, as a way of resolving family law cases. As an example, a case of a couple who came in for mediation to attempt to settle the divorce action they wanted to file. Neither spouse had filed for divorce yet. In many respects this was a case in which a positive result in mediation was likely – the spouses were getting along well enough to be able to discuss the issues they needed to settle, and both wanted to settle the case without litigation. There were issues to address however. No agreement was reached after an

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Is “Alternate” Dispute Resolution in a Florida Divorce Possible, When You Don’t Like Each Other? (Part II)

Another process, which I don’t think is quite as well known at this point as mediation, is Collaborative Family Law. It’s basically a process where both sides and their attorneys agree and commit to resolving the case outside of court. Everyone signs an agreement that if the case ends up contested in court, neither of the attorneys who participated in the collaborative family process is permitted to represent a party in court.https://www.youtube.com/watch?v=6_1qOpk2GRACollaborative Family Law is usually thought of as a approach where everyone tries to get along, and usually happens as a series of meeting with all the parties, attorneys and any experts present, where the parties “collaborate” and try to resolve the case. I believe it’s possible for it to work also in situations where there is high conflict, it the parties make some basic commitments, at least in their own minds. Even if the parties hate each other,

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Is “Alternate” Dispute Resolution in a Florida Divorce Possible, When You Don’t Like Each Other?

More and more clients and divorce attorneys in Broward, Dade and other parts of Florida are moving towards trying to resolve family law cases outside of court. It’s always been the case that most divorces and other family law cases are settled outside of court, before trial, but something that is become more popular these days, as people look for less adversarial and less expense ways to handle divorces, is something often referred to as “alternative dispute resolution”, including Mediation and Collaborative Family Law. Many people are pretty familiar with mediation, and there is an earlier post on the blog discussing mediation. You can find more information here about Collaborative Family Law. The issue I wanted to address in this post is can these alternative, or potentially more friendly approaches work where the parties don’t like each other, or where there are still extremely strong feelings of anger or resentment?

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Mediation in Divorce and Other Family Law Cases in Broward and Dade Counties

With some exceptions, for example when it is not safe to hold a mediation because of domestic violence, mediation will be required in most divorce and other family law cases in Broward and Dade counties, before the case can go to trial. Both Broward and Dade County have a court mediation program to provide family mediation at a reduced rate when the parties’ combined gross income is below $100,000 per year (see my post,The Process for Divorce Cases in Broward and Dade Counties (Part II), for links to these programs). For other clients, or clients who prefer to use a private mediator, there are many private mediators in town. If you’re represented by an attorney who is handling your case, you will almost certainly work with your attorney who will coordinate with opposing counsel to select a mediator acceptable to both sides. There are cases though where the clients –

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The Process for Divorce Cases in Broward and Dade Counties (Part II)

Once a case enters litigation, all of the decisions, in each phase, are important in trying to efficiently and successfully resolve the case. Discovery is the process where each party gets to obtain information regarding the other party – financial and other records, depositions, written questions to the other side, and requests for the other spouse to make admissions regarding important issues – called Requests for Admissions. Discovery is an important and often expensive process. Motions for Relief while the case is pending can involve many things – a request for temporary spousal support, a ruling by the Judge regarding visitation or how particular assets or debts are going to be dealt with while the case is pending, or a request to have a child returned to the jurisdiction if one parent moves with the child. The are many potential issues, ranging from financial to emergency hearings regarding the children.

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