What is the difference between mediation and a trial?
If you go to trial to resolve your Florida Family Law case, you present evidence and arguments to a Judge who decides the outcome of your case. By evidence, this means that you have to take the witness stand and testify in the courtroom where your former spouse or partner is present. For many litigants, this can be a very intimidating process that creates a lot of stress and anxiety. A courtroom is a public forum and you will most likely be required to disclose personal and private information about yourself and the opposing person. Sometimes this information can be embarrassing, especially when the topics testified about on direct and cross examination involve sexual partners, drug and alcohol abuse, or physical and mental abuse just to name a few issues that commonly arise in Florida Family Law cases.
In addition you may need to have witnesses testify on your behalf as well as present exhibits such as financial records, medical records, reports from experts and school records if there are children involved. If you are represented by an attorney, it is his or her job to pursue the result that you desire. Regardless of whether you are represented by an attorney, it is an adversarial process which in the end can create a lot of animosity between you and the other party. Obviously, if you are going through a contested divorce or paternity case there already is friction between you and the other party but when you air dirty laundry in public that friction can become much worse.
Further, if you go to trial you are gambling on what the might decide because the Florida Family Law Judge makes the final decision with regards to issues such as equitable distribution of assets, spousal support, and/or issues related to minor children of the parties. There is always uncertainty about what decision will be made by a Judge, but regardless of the Judge’s decision you and the other party are bound by it.
On the other hand, if you choose to mediate your Family Law dispute before a Florida Supreme Court Certified Mediator such as Mediation of Coral Springs, Inc., you and the other party work together to make the decision about how to resolve your issues. Mediation is not a trial and no one testifies.
In mediation, Mediation of Coral Springs, Inc. assists you and the other party in openly discussing your issues in a private and confidential setting where you and the other party can explore mutually acceptable resolutions of your dispute.
If you reach an agreement at mediation, Mediation of Coral Springs, Inc. drafts a Meditated Settlement Agreement that both you and the other party sign. You do not have to go to trial; and if you are represented by an attorney only one of you have to go before a Florida Family Law Judge to have your agreement approved and made a part of a Final Judgment.
Mediation of Coral Springs, Inc. has found when parties resolve their Florida Family Law issues in mediation; there is not nearly as much animosity between the parties as they move forward in their separate lives.