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What Are Some Myths About Mediation In Florida?


Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, but many people do not see the process as the benefit it is. During mediation, the two spouses will meet with a mediator who will try and help them resolve all disputes related to the divorce case. If an agreement is reached, it is drafted and submitted to the court for approval so the divorce case can be closed.

While the process is fairly straightforward, there are still many myths related to the process. Below, our family attorneys discuss the biggest myths about mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue. Mediators do not make any of the decisions when they meet with a couple. They cannot force either party to do, or not do, anything. Instead, they are only there to help you and your spouse reach an agreement. If you cannot and your case enters litigation, it is the judge that will make all the decisions.

Mediation is a Guaranteed Fix

If mediation came with a guarantee that it would resolve all the issues in a divorce, there would be no need for divorce litigation at all. Mediation is very helpful for many couples, but there are times when it does not work. If one party is not completely honest about their assets, or if one party has no interest in actually trying to reach an agreement, mediation will likely fail.

Mediation is Not Appropriate for Couples that Cannot Remain Civil

It is true that the more conflict and anger a person brings into mediation, the harder it will be to reach an agreement. However, if you and your spouse feel hostile towards each other, there is still a chance mediation will work. Mediators are highly trained in dispute resolution techniques, and they regularly deal with conflicting parties. So, even if you and your spouse are not speaking or otherwise having trouble communicating, a mediator may be just what you need.

Mediation is More Favorable Towards Men

This myth stems from the misconception that women are not as familiar with the household’s finances, property, and investments as men in marriages. Today, many women are the breadwinners of the home and are in complete control of the finances. In most marriages, both parties are also fully aware of the financial situation. Regardless of the situation though, mediators are not interested in one party winning but rather, reaching an agreement suitable for everyone.

Mediation Cannot Deal with Our Complex Issues

If you have a complex divorce case that involves high assets or other complicated factors, mediation can still help you and your spouse sort through them and come to an agreement. The vast majority of divorce cases can be settled in mediation, regardless of how complex the issues involved.

Our Family Lawyers in Tampa Bay Can Review Your Mediation Agreement

Even when going through mediation to resolve your divorce, you should still work with a Tampa family lawyer. At All Family Law Group, P.A., our skilled attorneys will review any agreement you reach during mediation to ensure that it upholds your rights and protects your best interests before you sign it. Call us today at 813-672-1900 or contact us online to schedule a free case review.

All Family Law Group, P.A.
The law firm of All Family Law Group, P.A. provides legal services to the Florida cities including Tampa, Clearwater, Brandon, Riverview, Hyde Park, South Tampa, Ybor City, Northdale, Valrico, Gibsonton, Lithia, Mango, Palm River, Plant City, Seffner, Sun City Center, Wimauma, Apollo Beach, Ruskin, Temple Terrace, Carrollwood, Northdale, Westchase, Citrus Park, Town N Country, Thonotosassa, Lutz, Fish Hawk, New Tampa, St. Petersburg, Palm Harbor, MacDill Air Force Base and all of Hillsborough, Pinellas and Pasco Counties. We will also represent DIVORCE clients in Polk, Hernando or Manatee Counties.

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