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Exploring Mediation...
What most people don't know about
divorce.
When one spouse brings up the word "divorce", the other
spouse often thinks, "I need a lawyer". Actually that
probably is the worst thing you can do. I'm not telling
you not to get legal advice, you should. That's not the
first thing you should do.
After the shock has worn off, and you are no longer
raging with anger, ask your spouse what they have in mind.
Usually the party bringing up divorce has had time to put
together a plan of action. The best thing to do at this
point is say, "let me think about it".
Now here comes the part that most people do not know
about divorce. Find yourself a Family Mediator. Why
a mediator? Because only a mediator can work with both
parties to resolve issues. Attorney's can only represent
one party. That forces the other party to be represented.
Now you have two attorneys trying to get the best possible
outcome for their client. That's great, but where does all
of this money come from to pay for your attorney's? From
your marital assets. This is not a win win situation.
If you win you lose. Why, because in a protracted
litigation divorce, the more it costs, the less there is to
divide. If the two attorneys' cannot reach an agreement,
then the case goes to trial. Guess what? The judge
is going to send your case to a mediator before he will allow it
to go to trial. Get the picture, you spent a lot of money, and
now you are going to resolve the issues in mediation. Buy
the way approximately 99% of all cases are resolved in
mediation.
See which of the following scenarios makes more sense
to you.
1. You tell your attorney what you want.
They call your spouses attorney, who calls your spouse.
They discuss what you want, and their attorney calls your
attorney back to discuss an alternative agreement. He calls you,
etc.
2. Both you and your spouse hire a Family
Mediator. You meet with the mediator and discuss issues to
be resolved in the divorce.
Which one of the above scenarios do you think will take
less time and cost less money? A very smart Supreme Court
justice one said. "The parties are more apt to follow an
agreement which they have reached themselves, then one imposed
upon them by the Court." Makes sense. In mediation, the
parties reach an agreement that they have worked out themselves
with the help of a fair and impartial third party.
Now that you have read the article, here is what you
can do to get a divorce without costing you an arm and a leg in
legal fees. One party finds a Family Mediator and goes for
a consultation. Don't try to resolve your issues during
the consultation, just see if you like the mediator and feel
comfortable with them. Remember, a mediator does not represent
either party. They are a fair and impartial third party.
Just because one party suggest a mediator to use, does not mean
they are on that parties side. Again a mediator does not
represent anyone. Ask your spouse to see the same mediator.
If they like the mediator, you are in agreement on who you will
use to assist you in resolving issues. Both parties must
agree on the mediator being used.
The mediation takes place, and hopefully the parties
reach an agreement on all of the issues. The mediator will
prepare a "Memorandum of Mediation". This is a recap of what the
parties have agreed to in mediation.
Now call your lawyer. Take the memorandum of
mediation to a family lawyer of your choosing. Have him
review the memorandum. If changes have to be made, meet
again with your mediator and they will see if both parties agree
on the changes. Most mediators will then prepare the
Mediated Marital Settlement Agreement. (This can also be done by
one of the attorneys.) This is the legal document that tells
the court what you are doing. It will be attached to the
Final Judgment which the judge signs.
Ok, let's review the mediation and attorney review
process and see what you can save.
You hire a mediator. Most family mediators charge
3 to 400 dollars per hour, paid equally by the parties.
Plan on 2 to 5 hours or approximately $900.00
Memorandum of Mediation is reviewed by attorneys.
$500.00 each or $1,000.00
Mediator prepares Mediated Marital Settlement
Agreement. Approximately $450.00.
Document Company or mediator prepares divorce
documentation 5 to $600.00.
Key Benefits For Using Mediation:
Mediation State Wide:
The Divorce and Bankruptcy Center will handle Family Mediation anywhere in the State of Florida. We do not charge extra for travel expenses or travel time.
We gladly accept Cash , Personal Check , Visa , MasterCard , American Express .
I'm sure you have many questions. For a FREE CONSULTATION, Call The Divorce and Bankruptcy Center at (888)-812-6745 and I will be more than glad to assist you.
