The Do’s and Don’ts of Mediation in Florida

Mediation is a great tool for couples who are getting a divorce. Keeping the divorce out of the courtroom gives each party more control over the process and it is typically cheaper and quicker than going to a divorce trial. Knowing what to do during mediation, and what not to do, can help ensure that you reach a settlement during mediation, and that you will be able to keep your case out of court.

What to Avoid During Mediation

  • Always trying to “win”: Truthfully, no one really “wins” during mediation. Instead, each party will walk away with a settlement they find favorable to them and each of them may also have agreed to some things they are not happy with. Do not focus on winning, as that will only draw out the process.  Think about the alternatives if you cannot come to an agreement, such as spending more money on attorney fees when you will not prevail in court is necessary and you cannot come to an agreement.
  • Resurrecting old fights: Once you have resolved an issue, do not bring it up again, even if the outcome was not favorable for you. After a decision is made, move on and focus on moving forward and not backward.
  • Being not honest: Mediation relies on each party being honest and forthcoming. If you lie or are deceitful, mediation may not be successful and it may even hurt your case.

What We Recommend:

  • Respond to requests quickly: The mediator may ask you for certain information, such as financial documents. Respond to these requests promptly so you do not cause unnecessary delays.  However, usually you have provided all of the documents to your attorney which will be needed prior to the mediation.
  • Budget: Usually, the parties split the cost of mediation equally or otherwise depending on their income.
  • Keep your child’s best interests at top of mind: The best interest of the children are the only factors a court will take into consideration.  If you need to resolve issues pertaining to children, always keep their best interests top of mind. 
  • Prepare notes: It is a good idea to jot down some ideas and things you want to say during mediation, as this can help you better prepare.
  • Work with an attorney: Mediation requires extensive negotiation and an attorney will have the necessary experience to do it on your behalf.  Furthermore, mediators, even if they are family law attorneys, cannot give legal advice to parties in mediation.  
  • Consider the other parent’s point of view: You may be able to anticipate the requests your spouse will ask for. If so, consider how you may respond to them.

Tampa Divorce Mediation

You may be thinking, “Where can I find a divorce lawyer near me?” Anton Garcia Law’s family law attorneys are compassionate, experienced and dedicated to representing your best interests.  Contact us today!  Serving the following Florida areas:

  • Tampa, St Petersburg
  • Land O’ Lakes
  • Lakeland
  • Plant City
  • Downtown Tampa

If you are looking for a Tampa family law attorney, look to Anton Garcia Lawa 2021 and 2022 SuperLawyer “Best Attorney” award winner. Our office is located near beautiful downtown Tampa, where we proudly serve clients from around the state of Florida.