When Is Mediation Better Than Litigation In Florida Divorce Cases?
When a couple decides to divorce, one of the first (and most important) choices they will face is how to resolve the issues that come with ending a marriage. In Florida, two of the most common means of ending a marriage are mediation and litigation. Each process has its own advantages and disadvantages, but for many families, mediation offers a more efficient, private, and cost-effective path forward. Understanding when mediation is the better option can help you make informed decisions about your future.
What is mediation?
Mediation is a process where both spouses meet with a neutral third party (the mediator) who helps guide discussions and negotiations. Unlike a judge, the mediator does not impose decisions on the couple. Instead, the mediator works to facilitate an agreement between the two parties on issues such as property division, alimony, child custody, and child support. Mediation sessions are confidential. The goal is to create a settlement agreement that both spouses can live with.
What are the benefits of mediation?
Several reasons exist why mediation is generally preferable to traditional courtroom litigation. These include:
- Privacy – Court proceedings are always a matter of public record. Mediation, on the other hand, is confidential. Couples can discuss sensitive financial or personal matters without concern that the details will be made public. You can’t say the same thing about litigation.
- Control – Instead of leaving important life decisions in the hands of a judge, spouses can retain control over the outcome. This can be especially important when crafting creative parenting schedules or dividing unique assets.
- Cost and time savings – Litigation can take a long time (sometimes years) and for that reason, it’s quite expensive. Litigation involves court filings, hearings, and trial preparation. Mediation is typically faster and less costly. This frees both parties from prolonged stress.
- Reduced conflict – Mediation is designed to encourage cooperation. This can preserve a working relationship which is quite important when children are involved.
When does mediation work best?
Mediation is generally most effective in certain circumstances. Prerequisites for mediation being the better option over litigation include:
- Willingness to cooperate – Both parties must be willing to participate in good faith. If one spouse refuses to either compromise or communicate, mediation will not succeed.
- Relatively balanced power dynamics – Mediation works best when there isn’t a significant power imbalance or a history of domestic abuse. In these cases, court oversight might provide the better option.
- Shared goals – If both spouses agree that protecting the children from conflict or reaching a fair financial settlement is important, mediation can help them reason their goals more peacefully.
When litigation might be necessary
Mediation doesn’t work for all couples, but it does work for most. If, however, there are allegations of domestic violence, hiding assets, or severe distrust, litigation may be necessary to ensure fairness. In addition, if one spouse is uncooperative or refuses to disclose financial information, a judge’s intervention might be the best way forward.
Talk to a Tampa, FL, Divorce Mediation Lawyer Today
Faulkner Law Group, PLLC, represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
