Divorce Mediation In Miami What You Should Really Know
Divorce can be tough, it can be highly contested, and with very many overwhelming emotions involved. However in special cases it could be as easy as sitting down with a mediator to find the most agreeable compromise. But what should you know about divorce mediation in Miami?
Who Can Do It
The very first thing is to understand who can do it for you. Usually there are certified mediators, counselors, or the certified family law attorneys in Miami. Miami courts will give you an option to use mediation in order to give you a chance to come to a satisfactory agreement and avoid the many damages that often results from a highly contested divorce process.
Role Of Mediator
Next you should understand the role of the mediator. According to the Miami divorce laws a mediator is usually a neutral third party with no stake in the outcome of the negotiation process. They shouldn’t care who is right or wrong and neither do they offer any legal advice at the time. Their role is to facilitate a discussion between the two of you and in turn help you to come into a confidential and nonjudgmental agreement.
What It Entails
You should also know what mediation entails. From my divorce, I understood that mediation is but a relatively informal process where the divorcing parties are encouraged to raise all the vital issues or those they view as so. It could be financial issues, division of assets and debts, alimony payment, and child custody where kids are involved. In turn, these issues are discussed to a very decisive agreement to spare the kids and the parents a tremendous amount of grief and acrimony.
The Process It Takes
All over, in mediation, each party is always asked to explain their position on the different issues arising and in turn suggest what they view as satisfactory solutions. It’s usually a speaking and listening affair with the mediator asking any viable questions for further clarifications. And if the divorce is highly contentious the mediator can caucus (meet) with one party at a time until such a time that they will help both parties to reach a common ground.
When Is It Binding
In Miami, if both you and your soon to be ex spouse are able to resolve their differences through the mediation process, the mediator will them write up a well articulated agreement that covers all the aspects of the divorce that have been discussed after which both of you will review the agreement before signing it.
How To File It
In mediation and like the family law attorneys in Miami will tell you, if an agreement is reached and after you and your spouse review the agreement and sign it, you will then schedule a court hearing and present the agreement to the judge to review it. If he approves the agreement he will make the agreement part of the decree and finally grant your divorce.
Even though the court might order for mediation, you are never forced to reach an agreement through it, since even when you don’t your divorce process can still go to trial.
More Info : Right Advice Before A Divorce Process