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Orlando Criminal Attorney > Blog > General > Top Mediation Myths in Florida

Top Mediation Myths in Florida

In most Florida divorce cases, mediation is a mandatory part of the process. During mediation, both sides will meet with a third party mediator, who is an objective and neutral party. The sole purpose of the mediator is to try and foster compromise and communication between the couple so they can reach an agreement and avoid a divorce trial. As helpful as mediation is during a divorce, it is still largely misunderstood. Below, our Orlando divorce lawyer breaks down some of the top myths associated with the process, and the truth behind them.

Mediators Make the Final Decision

Mediators only have one job and that is to try and bring the two parties to a resolution without the need for them to go to court. They will not and in fact, cannot, make any final decisions in a divorce case. The only person that can make the final decision on their own in a divorce case is a family law judge, and that only happens when you cannot resolve your disputes through mediation or another method.

Mediation Always Works

Florida law requires most divorcing couples to enter mediation before going through litigation. If it worked every time, there would not be any need for litigation in any divorce case. While mediation has a high rate of success, there are times when it will not work. For example, mediation only works when the two parties are willing to compromise and work together. If one person hides assets or there is a history of domestic violence, mediation has little chance of working.

Mediation Only Works for Couples Who Can Agree

If mediation was only for couples who already agreed on their issues, there would be no need for mediation at all. While a high level of conflict can make it harder for couples, mediators are highly trained professionals who are accustomed to working with couples to try and resolve their disputes. So, even if you and your spouse are not speaking to each other, or you have trouble communicating, there is still a good chance that mediation will work.

Mediation is Not Suitable for Complex Divorce Cases

Mediation is not only intended for simple divorce cases. Even if you, your spouse, or both, have a high net worth, or there are other complicated issues you have to work through, a mediator can still help you and your spouse reach an agreement.

Mediation Favors Men

Many people mistakenly assume that because men know more about the household finances, mediation favors men over women. Today this could not be more untrue. There are many women who are the breadwinners of their household today and even when they are not, they equally contribute to the household’s income. Even putting these factors aside, mediators do not take sides and do not want any one party to “win.” They are simply there to help both parties reach an agreement that a family law judge will approve.

Our Family Lawyer in Orlando Can Review Your Mediation Agreement

Couples going through mediation should always work with an Orlando family lawyer. At O’Mara Law Group, our seasoned attorney will review the agreement you reach with your spouse during mediation to ensure it is fair and protects your rights. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.




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