The Three Cs of Divorce Mediation

The success rate of divorce mediation is over 75 percent, mostly because of the three Cs of mediation, which are discussed below. Usually, family law judges order parties to undergo mediation if informal settlement negotiations stall or break down. Exact procedure varies in different cases, but here’s how it usually works.

A professional mediator listens to brief opening arguments from each Tampa family law attorney. Then, the parties retire to separate rooms as the mediator conveys settlement offers and counter offers back and forth. Significantly, both sides have a duty to negotiate in good faith during mediation.

Cost

Reduced legal fees may be the biggest benefit of mediation and one of the main reasons the mediation success rate is so high. Usually, mediation occurs late in the litigation process, as a trial date is looming.

Most Tampa family law attorneys charge by the hour. Preparing for a multi-day trial is extremely time-consuming. Legal arguments must be polished, objections and responses must be ready, evidence must be prepared, and witnesses must be ready to testify. Most attorneys also use focus groups and mock juries during trial preparation.

Mediation preparation is much less time consuming. For example, the aforementioned opening argument need not be persuasive, because at mediation, it’s just an outline. There’s also little or no need for the other preparation activities.

Furthermore, successful mediation ends cases early, and as most of us know, time is money for most lawyers.

Civility

Emotional courtroom showdowns are a common feature of legal dramas on TV and in the movies. Occasionally, such confrontations are necessary, mostly because they’re cathartic. However, in most cases, a big Kramer vs. Kramer-type showdown is the last thing anyone wants. Such confrontations often create emotional wounds that never heal.

This emotional fallout is a significant problem in Florida and other states that have co-parenting laws. According to this standard, the parents don’t have to be friends, but they must be able to put aside their differences for the benefit of the children.

Mediation encourages that civility. As mentioned, the spouses spend most of the day idle in separate rooms, reducing the stress level. Furthermore, mediation is empowering. Many couples rightly believe that if they talked their way out of a problem in the past, they can handle future confrontations in the same way. So, instead of bickering when emotional or financial circumstances change, the parents often file agreed motions to modify.

Control

The final C is especially significant for spouses who have issues accepting authority. When a judge, who knows almost nothing about the family and its needs, dictates terms like child custody, parenting time, and child support, that’s a hard pill to swallow.

Mediation flips the script and gives the parties, and their Tampa family law attorneys, almost complete control over the outcome.

Statistically, feelings of control often increase voluntary compliance, reducing the need for future motions to enforce. So, this C connects back to the first C. The cost savings aren’t just one time. They could last until the children turn 18.

Work With a Savvy Hillsborough County Lawyer

Divorce and other matters involve significant financial and emotional issues. For a confidential consultation with an experienced family law attorney in Tampa, contact Westchase Law P.A. We routinely handle matters throughout the Sunshine State.

Source:

americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mediation_advantages/