In Florida, both parties are required to attend mediation in a divorce matter. The Florida Rules of Family Law Procedure require the parties to go to mediation both before temporary relief can be granted and before a final hearing can be held in the case. Although the judge has the power to waive the mediation requirement, most judges generally are hesitant to do so unless there are special or unusual circumstances in the case. In order to request a waiver in order to avoid mediation, the interested party must file a motion with the court that ordered the mediation.
If mediation is not waived in a case, both parties must come ready to agree and take the mediator’s recommendations seriously, in order for a mediation to be useful in a divorce matter. Antagonistic attitudes or lack of preparation can result in a mediation being unsuccessful, wasting everyone’s time and money. If you are thinking about a divorce or are in the middle of a divorce proceeding, be sure to consult with an experienced family law attorney. An attorney who regularly handles divorces will be able to analyze your case to ensure that you proceed with the best approach. A family law attorney will also be able to represent you at hearings or in mediation to present your case so that all of your arguments are understood.
In a divorce, it is much easier to get what you want the first time than to have to go through an appeals process. Make sure you have every advantage available to you and speak with an experienced attorney about your case.
This post was written by David Hurvitz. Follow David on Google+.