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Phone: 561-530-4568
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500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Why You Need a Good Attorney to Help with a Divorce Mediation

Grant J. Gisondo, P.A. > Attorney Consultation  > Why You Need a Good Attorney to Help with a Divorce Mediation

Why You Need a Good Attorney to Help with a Divorce Mediation

Why-You-Need-a-Good-Lawyer-to-Help-with-a-Divorce-Mediation

A divorce mediation attorney who is knowledgeable and supportive in helping you navigate a mediation can make a tremendous difference in the positive or negative outcome of your divorce. Each state has its own rules and guidelines regarding divorce and mediation, so this blog will look at Florida, where mediation, before a divorce can be scheduled in court, is a requirement for almost every jurisdiction.

First, what is mediation? Mediation is a meeting between the two divorcing persons, each with their attorney and a court-trained and licensed mediator. In Florida, a mediator licensed to mediate is given the title of Licensed Supreme Court Certified Civil Mediator. The mediator will not make decisions for the couple or give direct advice. Rather, the mediator will encourage each party to compromise on issues that must be decided, such as equitable distribution of marital assets and liabilities. (marital assets and liabilities are those assets and liabilities obtained during the marriage) As Florida is an equitable, not equal, distribution state, marital assets and liabilities will be divided fairly. For example, one party might receive the high-end electronic equipment and the other party the antique furniture. A mediator would help the couple determine the value of marital assets to divide as equitable or, in other words, fair as possible. The mediator will also help keep mediation emotionally calm without angry outbursts or foul language. Arriving at an agreed-upon marital agreement is the goal of mediation, as the divorce can then proceed directly to the judge, who will review the marital agreement signed by both parties and, unless there are discrepancies, grant the divorce without having the case go to court.

Why is mediation so strongly encouraged?

  • Family courts in Florida are backed up, sometimes for many months. Successful mediation keeps a case out of needing time on the court docket. A divorce mediation that ends in a marital settlement can see a divorce finalized in a few weeks rather than several months.
  • The couple is able to make their choices as to the equitable distribution of marital assets and liabilities, alimony, child support, parental timesharing, the parenting plan, and who gets the family pet(s). if the case goes to court, a judge will decide all these things, and final decisions are less likely to make either party satisfied with the outcome. Successful mediation lets the couple decide their future rather than letting a judge decide it for them.
  • The cost of mediation is divided evenly and way less than court costs. Too, paying attorney fees to go on to court is far more expensive than finishing the divorce proceedings at mediation.
  • Mediation proceedings are private, only to be read by the couple, their attorney, and the judge. If the case goes to court, those proceedings will be available to the public at the courthouse. Anyone can ask for and, for a small cost, receive a copy of the divorce court

Now comes the role of the divorce mediation attorney. It sounds confusing as if the divorce mediation attorney is a separate attorney from the attorney who would represent you in court. As the mediator can be but does not have to be an attorney, the divorce mediation attorney referred to in this blog is your divorce case attorney. Unfortunately, some divorce attorneys discourage couples from settling their divorce proceedings at mediation (likely because the attorney receives more fees if the case goes to court), so it is important you talk with the attorney who will represent you about their feelings regarding mediation. If you hope to settle your divorce during mediation, be sure your attorney will work toward this outcome. Many attorneys offer a free consultation to help you choose the attorney best suited to your concerns, and this would be the perfect time to discuss mediation.

If you are planning a divorce and looking to retain an attorney who will encourage mediation and you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough Counties in Florida, or New York or Washington DC. Attorney Grant Gisondo is ready to help. He is a board-certified Marital and Family Law attorney who has successfully been representing clients for over a decade. Additionally, his experience as a Licensed Supreme Court Certified Civil Mediator makes him a great choice in helping you during mediation. To make an appointment for a free, initial, in-office consultation, you can call his office at (561) 530-4568. His office hours are Monday through Friday from 9:00 AM to 5:00 PM  and for new clients on Saturday from 8:30 AM to 1:00 PM. To learn more about Attorney Gisondo, please visit his website at gisondolaw.com.

Grant J. Gisondo, P.A.