Mediation, negotiation, and settlement are part and parcel of high asset divorce and an integral aspect of our practice here at Brodie Friedman. Virtually every aspect of a high asset divorce is susceptible to negotiation. Choosing the correct mediator is essential. Keep in mind that both parties must agree on a mediator.
Here are some things to look at when considering mediation and choosing a mediator:
Florida law requires a mediator to be certified by meeting the educational requirement, completing the Florida Supreme Court-approved mediation certification course in the area of certification sought, observe and/or co-mediate a number of cases in that area, and have a good moral character. Under the statute, family law mediators may be certified as such.
Remember that the mediator cannot know either party or have any interest in the case.
2. Mediator’s Background
A basic internet search is recommended. If you are able, try to find former clients. A mediator is supposed to maintain neutrality and confidentiality. A good mediator must be a patient listener and a good communicator. Look for these traits.
3. Mediator’s Experience
Family law has many unique features that demand specialized knowledge that comes only from experience. In the high asset case experience is a must. If the mediator’s CV doesn’t satisfy you, make a direct inquiry.
4. Mediators Are Not There to Give Opinions or Form Judgments
There are mediators that “evaluate cases” based on their experience. Ideally, a mediator, especially when parties are represented, is there to facilitate communication so that the parties can arrive at a mutually satisfactory outcome. Your family law attorney should have experience working with mediators and should guide you as to the law. A mediator’s job is to find common ground.
5. Mediation Is Voluntary
You can pull out any time if you’re not happy with the process. If you believe the other party is not proceeding in good faith, or just using mediation as a fishing expedition you can terminate mediation.
6. Mediation Can Save You Money
Alternative dispute resolution is significantly less expensive than litigation.
The experienced lawyers at Brodie Friedman, P.A. will help you effectively negotiate complex divorce issues and create a fair property settlement agreement, parenting plan, and other components of your divorce agreement. If all issues (equitable distribution, alimony, child support) cannot be decided through negotiation or divorce mediation, remaining concerns can be litigated. We are dedicated to your interests and goals, whether by a negotiated solution or in divorce litigation.
With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support.
To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100