Divorce Mediation
Divorce Mediation Services
While the litigation process may be necessary in cases of "contested disputes," where the two parties cannot or will not agree upon a fair and equitable settlement of their affairs, including roles of parenting minor children, the drama of legal battles does not have to occur. Divorce is more like a speeding ticket than a murder trial.
Trial is forced when two parties cannot reach a resolution, even with the use of legal counsel and mandatory mediation prior to trial. In this worst case scenario, a judge will decide for the parties and settle their dispute based on rules of law that will be ordered and forced on the individuals regardless of their desires.
Trial is forced when two parties cannot reach a resolution, even with the use of legal counsel and mandatory mediation prior to trial. In this worst case scenario, a judge will decide for the parties and settle their dispute based on rules of law that will be ordered and forced on the individuals regardless of their desires.
Robert Coleman, Psy.D.
Licensed Psychologist
"Positive change. Empowered living."
Health Psychology - Behavioral Medicine - Forensics
Copyright © 2010-2016 Robert Coleman PsyD LLC. All Rights Reserved.
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Divorce in the United States is a frequently occurring event. Sad , but true.
Statistics abound when it comes to the topic of divorce. A common measure is the number of people each year (as a percentage of the total population) who get married and how many get a divorced. In 2012, about 0.68% of the population (6.8 per thousand people) got married, and about 0.34% (3.4 per 1000) got divorced (slightly lower for both since 2000). That's the "50%" we read about, which is incorrect since the statistic only represents the ratio of marriages and divorces in a single year, about 2 to 1.
When looking at divorce over a lifetime, about 40 to 45% of people who marry for the first time will divorce. The numbers vary plus or minus a few points depending on the study. But divorce is widespread and common. Sad, but true.
While percentage differs slightly (depending on the source), 60 to 67% of second marriages fail, and 70 to 73% of third marriages end in divorce. And, current estimates show over 80% of people who cohabitate and do not marry will eventually end their relationship.
Statistics abound when it comes to the topic of divorce. A common measure is the number of people each year (as a percentage of the total population) who get married and how many get a divorced. In 2012, about 0.68% of the population (6.8 per thousand people) got married, and about 0.34% (3.4 per 1000) got divorced (slightly lower for both since 2000). That's the "50%" we read about, which is incorrect since the statistic only represents the ratio of marriages and divorces in a single year, about 2 to 1.
When looking at divorce over a lifetime, about 40 to 45% of people who marry for the first time will divorce. The numbers vary plus or minus a few points depending on the study. But divorce is widespread and common. Sad, but true.
While percentage differs slightly (depending on the source), 60 to 67% of second marriages fail, and 70 to 73% of third marriages end in divorce. And, current estimates show over 80% of people who cohabitate and do not marry will eventually end their relationship.
The bottom line: People frequently end relationships, AND over one million people get divorced every year.
There is another way to obtain a divorce.
There are three primary ways to end a relationship that no longer works or is no longer desired by one or both parties:
1-Litigation
2-Mediation
3-Self-representation
Which one appeals to you?
1-Litigation
2-Mediation
3-Self-representation
Which one appeals to you?
Mediation is the bridge to help citizens address the 20 to 25 major items in a divorce case and agree upon an "uncontested settlement" in a cost-effective manner. This includes parenting plans and child support among other matters including finances. The mediator cannot offer advise or guidance in legal, financial, or other matters requiring expertise of specific professions. They may suggest you seek such information if your case appears to need it. The role of the mediator is to help settle disputes between the parties and ensure that all necessary items required by the court are addressed and agreed to in clear language that represents a fair and equitable arrangement. That's it.
The outcome of mediation is a Memorandum of Understanding document, that each party signs and has notarizes, that addresses all matters of significance in a divorce case. The citizens can use this along with all the required state forms and file a petition of divorce with the court (i.e., a pleading). A more effective route, is using the document and retaining an attorney to complete the divorce process for you based on your agreements. This has minimal cost and ensures all procedural matters are addressed. Or, you can file your own case at the courthouse. Either way, you control the process, the decisions, and the content of what the court will eventually order you both to abide to.
The outcome of mediation is a Memorandum of Understanding document, that each party signs and has notarizes, that addresses all matters of significance in a divorce case. The citizens can use this along with all the required state forms and file a petition of divorce with the court (i.e., a pleading). A more effective route, is using the document and retaining an attorney to complete the divorce process for you based on your agreements. This has minimal cost and ensures all procedural matters are addressed. Or, you can file your own case at the courthouse. Either way, you control the process, the decisions, and the content of what the court will eventually order you both to abide to.
How mediation works.
Divorce mediation is one way of obtaining a divorce. It can reduce the suffering and negative impact of an unexpected and often tragic event affecting millions of American adults and their minor children.
Many people think that divorce, like other forms of dispute, require attorneys and lots of expensive legal activity, and eventual courtroom proceedings that are intimidating, confusing, and unpleasant due to the adversarial nature of our legal system. But such situations are uncommon (less than 20% of cases). Most divorce cases are nothing like the ones we see on TV or read about in the tabloids.
Many people think that divorce, like other forms of dispute, require attorneys and lots of expensive legal activity, and eventual courtroom proceedings that are intimidating, confusing, and unpleasant due to the adversarial nature of our legal system. But such situations are uncommon (less than 20% of cases). Most divorce cases are nothing like the ones we see on TV or read about in the tabloids.
The Constitution allows for individual citizens to represent themselves (pro se) in legal disputes, in addition to having rights to legal counsel. The Florida legislature has endeavored to place control back in the hands of citizens who wish to obtain a divorce without being forced into the adversarial legal system.
While divorce is one of the few disputes that has relatively lower demands for knowledge of law, rules of order must be followed in order to complete the divorce process. This is where the do-it-yourself model falls short... not knowing the rules of order and the requirements of the court to address the 20 to 25 matters in a divorce case that allows the judge to make a reasonable and sound order.
While divorce is one of the few disputes that has relatively lower demands for knowledge of law, rules of order must be followed in order to complete the divorce process. This is where the do-it-yourself model falls short... not knowing the rules of order and the requirements of the court to address the 20 to 25 matters in a divorce case that allows the judge to make a reasonable and sound order.
Drama is optional!
When people can't agree
So your choice is making your own decisions OR having someone make them for you. Which sounds more appealing?
Why mediation?