West Palm Beach Family Law and Divorce Mediation Attorneys

In Florida, the courts actually encourage parties to attend mediation to try and resolve their legal or factual issues in their family law case.  Due to its the high volume of cases, the family court in Palm Beach County will order the parties to attend mediation prior to hearing any temporary relief issues or setting the case for trial.  Although there are cases that do not settle during mediation, the process is still useful because it serves to narrow any factual and legal issues prior to an evidentiary hearing or trial.   

Mediation is an alternative dispute resolution process with the purpose of encouraging the parties to work toward an amicable settlement. The parties are permitted to have their attorneys present to assist and advise them during the mediation process.

Although the attorneys will be present, an independent third party, called a mediator, actually controls the mediation proceeding. The parties typically agree on a mediator. If the parties are unable to agree on a mediator, then the court must be notified, and the judge will pick a mediator. The mediator is not a judge, and mediation is not the same as receiving a formal judgment or order in court. The court cannot delegate its judicial powers to a mediator in any case.

Despite the purpose of mediation, there are cases where the parties will reach an impasse on certain issues and decide to proceed to either an evidentiary hearing or trial where the court will make a ruling on the evidence.  On the other hand, if the parties reach an agreement that is intended to be binding, then it must be reduced to writing, signed by each party and their attorneys. 

Mediation will usually take place at a neutral location. During the process, the mediator will facilitate an open discussion of the issues, which is designed to help the parties reach an amicable resolution to their family law dispute. With the exception of an executed settlement agreement or unless the parties agree otherwise, all oral and written communications during mediation are confidential, and therefore, inadmissible as evidence in any subsequent proceedings.    

Helping you Avoid Costly Pitfalls  

While a mediated divorce can be an effective way to cut costs and reach lasting solutions with a minimum amount of conflict, it can also be a minefield for mistakes if you do not have legal advice. The value of having our law firm represent you during the mediation process is that we can advise you of your rights and options so that you understand the parameters of what a court might do on a particular issue when discussing possible resolutions during mediation. It is extremely difficult to evaluate the merits of a particular solution or compromise to an issue unless you know your legal rights and all of the potential unintended consequences that may flow from your decision.  For example, a particular division of marital assets may seem fair and equitable on its surface but become extremely unfair when unforeseen tax consequences are considered.  The West Palm Beach attorneys at the Law Offices of James S. Cunha can provide you legal advice and guidance during the mediation process so that you can avoid costly legal traps.    

Cost-Effective Method of Finding Solutions

An advantage of mediation over litigation is that the mediator can guide the parties with the assistance of their attorneys to reach a compromise. On the other hand, if the parties decide to take their chances in court, the outcome may be undesirable or adverse to both sides based on legal requirements. Therefore, mediation provides the parties a level of control over their family law case.

Furthermore, mediation is used as a cost-effective, low stress method to reach mutually acceptable resolutions to a wide range of issues including the division of marital property, child custody/visitation (time-sharing) arrangements, alimony, child support and other family law issues in the context of a marital dissolution or other family law matters.

We are loyal and passionate about our clients’ cases and consistently seek the best possible outcome for our clients including using mediation to reach amicable resolutions.  Our law firm brings a substantial level of skill, knowledge and diligence along with the ability to think outside of the box so that we can be the most effective advocates and counselors for our clients.  We understand the importance of seeking amicable resolutions to legal issues without compromising our clients’ rights.  Our West Palm Beach family law mediation attorneys at the Law Offices of James S. Cunha are committed to fashioning a family law strategy best suited to meet the needs of our clients.

No matter where you are located, experienced divorce mediation lawyer James S. Cunha and his legal team are just a phone call away.  Even if you just have family law questions about mediation or the divorce process but have not decided to take action, we can provide initial answers to help you determine the most effective approach to your family law issues.

Contact us today.