Blog

What Clients Should Expect in Mediation in the Orlando, Florida Area

Are you in the middle of a Marital and Family Law Case? Will You Be Attending Mediation? Attending Mediation in the Orlando, Florida Area is a requirement prior to you being allowed to request a trial. You must attend mediation first before you can set your case for trial. You must also attend mediation on temporary matters prior to setting a hearing on temporary matters before the judge. 

What should you expect at Mediation? At Mediation there will be a Mediator, you and your attorney, and the opposing party and his/her attorney. Everything you say at Mediation is confidential except if you tell the Mediator about child abuse or murder. That means any settlement offers or anything that you say in Mediation is confidential and cannot be disclosed to anyone else or to the judge in court. What a party said in Mediation is inadmissible at court. The Mediator will explain the Mediation process to everyone in the beginning of the Mediation. Your attorney should have gone over the Mediation process with you prior to Mediation.

Prior to Mediation, you and your attorney should have discussed what occurs at Mediation. You should have discussed with your attorney what you are entitled to under the law. You need to make sure that you have received all the Mandatory Disclosure that you requested from the other party prior to Mediation. Remember, you need to have realistic expectations for settlement. Having an outrageous position at Mediation will likely lead to an Impasse and no settlement.

Mediation is positional bargaining. You and the opposing party will go back and forth with offers regarding time-sharing and the parenting plan if children are involved. You will also go back and forth regarding settlement as to equitable distribution and alimony, if alimony is applicable in your case. You will also work on calculating a child support guidelines worksheet. 

A Mediator will tell you that it is a successful Mediation when both parties are unhappy and did not get everything you wanted at Mediation. Remember, if you settle the case at Mediation you save the cost and expense of litigation at trial. Further, you have made the decision yourself as to what you receive in your dissolution of marriage case and how you time share with your child. That is much better than being told how that will occur by a judge.  Further, you are done with the case. You will not have the stress of waiting for a trial date. You will be able to move on with your life.     

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.