Many divorcing couples use mediation to help settle their divorce-related issues, such as support, property division, and child custody. In divorce mediation, spouses hire a neutral third party (the mediator) to help them discuss and resolve their disagreements. Most divorce mediators are experienced family law attorneys, who have completed specialized mediation training. Unlike a judge or an arbitrator, a mediator doesn’t make decisions, but rather helps couples reach their own agreements. This process is a lot less costly than a traditional divorce and can be finalized a lot faster as well. Attorney Sam Kaufman is a Florida Board Certified Family Law mediator. If you and your spouse are considering a divorce, call for your free consultation to find out if this option could work for you.

THE PROCESS

Mediation in family law, as opposed to private representation, is a non-adversarial process where the mediator assists parties in reaching out of court agreements.

Mediation is often more cost-effective, efficient and productive than litigation. Other benefits to mediation include creative solutions, confidential environment, control over outcomes, and improved communication between parties. A neutral mediator does not take sides, but rather is concerned with protecting everyone’s rights and best interests. As the mediator we combine knowledge of family law and courtroom experience to help parties reach a mutually agreeable resolution.

Our Mediator will assist both of us in addressing all issues related to separation and divorce, including but not limited to parenting plans, child and spousal support, division of marital assets,  financial disclosure, child custody and child visitation. The Objective is to reach an agreement on all issues.

The process for a Mediated Divorce normally will require two office visits with you and your spouse. 
The first visit will involve the actual mediation.

NEUTRALITY OF MEDIATOR:

A neutral mediator does not take sides, but rather is concerned with protecting everyone’s rights and best interests. A Mediator is charged with being impartial throughout all communications and involvement with the parties in the conflict. This means that the Mediator cannot take sides or advise either party in the dispute. The sole purpose of your Mediator is to facilitate discussion and problem-solving to allow those in dispute to create a resolution that works for them. Therefore, we have been advised to obtain a review of any settlement that we arrive at by an attorney and an accountant.

CONFIDENTIALITY:

In 2004 the Legislator enacted F.S 44.401-44.406. These statutes established the Mediation Confidentiality and Privilege Act which also came into effect in 2006, by the Florida Rules for Certified and Court-appointed Mediators. At the Law Offices of Samuel J. Kaufman, P.A., we consider Confidentiality to be a critical element to cultivating a safe atmosphere. We encourage both parties to speak openly and respectfully candid with the Mediator and with each other.

We understand and agree that everything we discuss and all written documents are confidential unless we both specifically agree otherwise.  Our mediator agrees to keep confidential everything we discuss in our sessions. 

FULL DISCLOSURE:

Mediation cannot help if clients are not candid. Therefore, all disclosures will be truthful and will not deliberately mislead each other by being untruthful, by disclosing only partial information, or in any other way.

SEPARATE MEETING:

During mediation, it is not unusual for the mediator to meet separately with each party for discussion.  Such separate discussions do not indicate any favoring or giving advantage to either party and such discussions are a part of the mediation process.

DOCUMENT PREPARATIONS:

Your Mediator will prepare all documents that are required in the Circuit Court for the Sixteenth Judicial Circuit in and for Monroe County, Florida to obtain an uncontested divorce. We will provide you with a list of Instructions that will explain how to file for your Uncontested Dissolution of Marriage and where to pay your applicable court fees.

The Dissolution of Marriage package with Children includes:

1. Civil Cover Sheet
2. Petition for Dissolution of Marriage with Children
3. Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
4. Answer, Waiver & Request for Final Judgment
5. 2- Financial Affidavits (Petitioner & Respondent)
6. 2-Notice of Social Security Numbers ( Petitioner & Respondent)
7. 1-Proof of Residency Form (Notice of Filing Drivers License) or (Corroborating Witness Affidavit)
8. Marital Settlement Agreement
9. Parenting Plan
10. Notice of Confidentiality
11. 2-Certificate of  Completion of Parenting Course
12. Notarization of all forms
13. Instructions on where to file the divorce package and what is the applicable fee.