Is Divorce Mediation Confidential?

Yes. Everything that happens in a Florida Divorce Mediation is confidential. Nothing that is done or said in a Florida Divorce Mediation can later be used as evidence at court. The theory of this is that spouses in Florida Divorce Mediations should be encouraged to speak freely about their situation in order to promote a full settlement. If Divorce Mediation was not confidential the spouses would be more hesitant to be honest and open during the process. The only exception to the Confidentiality Rule is that a mediator is required to report any comments about child abuse or intention to commit a crime.

What if I am uncomfortable negotiating around my spouse or fear intimidation?

The exact format of Florida Divorce Mediation can be flexible. This flexibility allows spouses to be in different rooms (or offices for that matter). The mediator is able to go between different rooms or law offices so there is separation and both spouses are comfortable. Oftentimes though, mediation will start with both spouses at the same conference room table while the attorneys give the mediator a background of the case, and once the negotiations begin the spouses separate into separate rooms.

Can I attend Mediation before I file for Divorce?

Plenty of people attend Divorce Mediation in Florida before filing for divorce. When spouses settle their marital affairs before a divorce petition is filed, the process that comes afterwards is known as an “uncontested divorce”.

Pre-Divorce Mediation is most useful when both spouses are “on board” with the idea of divorce and are motivated to resolve all of the marital affairs. Pre-Divorce Mediation is not effective when (1) one of the spouses wants to stay married or (2) one is being unreasonable with settlement demands. When a spouse does not want to acknowledge a divorce or accept a reasonable settlement it is often best for the spouse seeking the divorce to file a divorce petition with the court to get “the ball rolling” towards a path for a Florida Divorce Court Judge to decide their case.

What is the difference between Divorce Mediation and “Collaborative Divorce”?

Divorce Mediation and Collaborative Divorce are essentially the same with the exception that in the Collaborative Divorce process the spouses must hire new attorneys to represent them if they want to file a lawsuit before all of the marital affairs have been settled.

Most Florida Divorce Mediations and Collaborative Divorces in Florida utilize the same basic concept of trying to promote “resolution” instead of “conflict”. A “Collaborative Divorce Session” is almost the exact same thing as “Divorce Mediation Session” with the exception that Collaborative Divorce sessions oftentimes only focus on resolving one particular issue between spouses at a time. In other words, during one Collaborative Divorce session spouses will agree upon dividing the family business, on another session they will agree on to an amount of child support, etc.

Proponents of “Collaborative Divorce” argue the process is better for the family unit because there is less conflict than the traditional divorce obtained through “litigation”. However, the fact is most divorces obtained through the “Divorce Litigation” route are actually very peaceful with the only “litigation” being the filing of the divorce petition that has to be filed at the end of the Collaborative Divorce process as well. Proponents of Divorce Mediation argue that Collaborative Divorce is a process that does not work unless both spouses are well versed in the extent of their incomes and assets.

At the end of the day both Divorce Mediation and Collaborative Divorce are effective ways to resolve the legal issues associated with dissolving a marriage in Florida. Divorce Mediation could be more practical than Collaborative Divorce on the basis that if a settlement cannot be reached, and it is necessary to have a judge decide something, both parties do not have to hire new attorneys who will need to be paid to “learn the case” that the Collaborative Divorce lawyer was already paid good money to learn.

For spouses that have the “more than average size” marital estate, the Collaborative Divorce process may be best from a psychological standpoint since the entire Collaborative Divorce process is developed around both parties being committed to settlement before a court case is filed. If Collaborative negotiations fail, these parties still have enough money to afford to pay another lawyer to start from the beginning to learn the facts of their case.