Melvin A. Rubin, Esq. - Mediation • Training • Collaborative Law • Public Speaking

Melvin A. Rubin, Attorney
Mediation • Training • Collaborative Law • Public Speaking
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305-446-4630


	Divorce & Family

	Divorce Mediation
	Family Mediation
	Why Mediation?
	My Approach
	The Process
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Divorce & Family Mediation: The Process

The Private Mediation Process at Work in a Typical Divorce

In the private mediation situation, the parties call and make an appointment for the initial orientation session, a one- to two-hour in-person meeting which all parties must attend. At that time, the mediation process is described in detail and the parties are encouraged to ask any and all questions, allowing them to fully understand everything involved. This will help them decide if they wish to use mediation to resolve their divorce disputes. The mediator explores the issues of the case raised by the parties. Also discussed are such issues as confidentiality, the interface with the legal system, full disclosure, fees, appointments, expectations, and the maintenance of neutrality by the mediator. The cost of mediation is divided equally between the parties to maintain equal investment and responsibility.

If the parties are satisfied and wish to use mediation, and the mediator has determined that they are suitable for mediation, the process may either begin immediately, or a subsequent appointment is scheduled. Assignments may be given at the first meeting, for example: to develop an inventory of their assets, liabilities, income and expenses; to prepare a detailed budget describing the monetary needs of each member of the family. After a financial picture of the family has emerged, negotiations proceed and decisions are made by the parties concerning the division of property and the support of the children, etc. Specific sessions are devoted to discussions concerning the children, such as where they will live, which parent will be designated the residential parent, how they will spend time with each parent, and any special needs or problems.

Ultimately, a Memorandum of Understanding is prepared by the mediator for each party to have the opportunity to review with their independent legal counsel. This is the finished product of the mediation process, but, in private mediation, it is not signed by the parties and is not yet a legally binding document. After the lawyers have reviewed the Memorandum and have given their input, one of them will draft a property settlement agreement. The matter will then go to court as an uncontested divorce. In this way, the mediation process avoids costly and protracted legal negotiations.

Court-Referred Mediations

Court-referred mediation is, as its name implies, mediation that is ordered by the Court. Generally speaking, the judge will order the parties to mediation. If the parties can agree upon a mediator they may choose their own, or their attorneys may assist in the selection. The alternative is for the court to select a mediator through a blind rotation system. Almost every judge in Dade County now refers cases to mediation before the matter can either be set for trial date or go to trial.

The process for court-referred mediation is very similar to the private mediation process. The main exception is that each party has already involved their lawyer at the time that mediation begins, although the lawyers' continued involvement in the mediation process will vary. As one might suspect, the success rate for mediation is greater in early and voluntary mediation than it is where the court has ordered the parties to mediation.