PREPARING FOR MEDIATION

      For some, the idea of mediation is stressful. For others, it's taken as something the Family Court Judge Ordered them to attend. As your Mediator, especially in Family Court, its very important to to take this process seriously and to come into it in "Good Faith."

      But what is "Good Faith?" Good Faith means different things to different people. But in a Mediation context, "Good Faith" only means one thing: showing up. 

      Mediators are not allowed to disclose what occurs in mediation, what is discussed in mediation, nor any outcomes. In fact, its arguable whether a Mediator is even allowed to disclose the attendees. A party can show up to mediation, fold their arms, roll their eyes, to be honest, they can scream the theme song to Star Wars and the Mediator cannot "snitch" on that  party to the Court. Well, unless BOTH parties agree to the Mediator making this disclosure. The parties 100% "own" the privilege(s).

      But if this happens, the party or parties are not only wasting time and money, but risking angering the very Court that sent them there. More and more, Family Courts across the Country are relying on Mediation to resolve the complex issues involved in their cases. In Florida, nearly all Family Court jurisdictions require Mediation if there are children involved. Whereas in Georgia, Mediation is a largely unused practice; though its use is growing.

      Mediation also does not have to settle every argument between the parties. There are benefits to working to settle minor or major issues independent of the others. Why? Because you can always come back. The most important aspects to Mediation are to show up AND keep an open mind. Attending mediation in "Good Faith" is about one or both parties opening themselves to the possibility of resolving any or all issues in dispute, together, when you have 100% control over the outcome instead of leaving things to chance for the Court. In most cases, especially in Florida, the Family Court will simply split what can be split down the middle without care or consideration to the wishes of desires of the parties.

      All Mediations are unique. Full stop. They are not like your friends' Mediation and they are not like your Attorney's last Mediation, although possibly similar.

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      You truly get out of it what you put into it. And depending upon your situation, it can and should be the easiest court process you engage in.​​