Marital and Family Law Mediation

Mediation is an important and effective tool to minimize conflict and tension, and ultimately settle, family law matters. Mediation can be used to reach temporary, partial and full settlement agreements of some or all of the issues in a case. In most jurisdictions, mediation is required before the parties are allowed to have a final hearing (i.e., a trial). In some jurisdictions, mediation is required before the parties are allowed to seek temporary relief from the Court. The idea behind this is that people should engage in meaningful settlement negotiations before they spend the Court’s time, as well as their own time and expense, associated with court proceedings.

In mediation, a neutral mediator acts as in intermediary between the parties and their attorneys and attempts to facilitate a mutually acceptable resolution of the issues. Mediators are not judges and they have no decision-making authority. One significant benefit of mediation is that it often affords the parties an opportunity to resolve their differences with creative solutions that may not be available in a courtroom when it comes time for a judge to make a final decision. In this manner, people are able to choose their own destinies and draft agreements that cater to the specific needs of their families, and especially their children. Even though we hold the judicial system in the highest regard, we firmly believe that the parties are in a much better position to make decisions about their own future than judges who are not a part of their daily lives and barely know them.

In Hillsborough County and many other counties, the court system may provide the option of holding mediation at the courthouse (in Hillsborough County, this office of the court is called “Mediation & Diversion Services”). This typically is a less expensive alternative to mediation with a private mediator, but it almost always affords the parties less time than they would have in a private mediation setting. Private mediation typically is a better choice because (i) it allows the parties and their attorneys to select a mediator in whom they have the most confidence, and (ii) the mediation can be scheduled so that they parties have as much time as they need to properly address all issues. Like most attorneys, private mediators charge an hourly rate for their time, and this can be in the range of $150 to $450 per hour, depending on their level of experience. In the family law context, most private mediators are skilled family law attorneys with significant experience litigating and mediating family law matters; this makes them well equipped to facilitate a comprehensive and creative settlement agreement.

It is important when you attend mediation that you enter the process with an open mind and a willingness to work on a mutually beneficial settlement. Not all cases can be resolved at mediation because there are certain instances when one or both of the parties simply will not compromise on something. One thing that every party should note, however, is that settling a case through mediation, no matter how long it takes, is very likely to cost a lot less money than preparing for and holding a trial.

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