Tips for Selecting a Good Mediator

by Grant Gisondo Family & Divorce Lawyer

Selecting a good mediator is, in Florida, a vitally important step in preparing for legal action in most Family Law cases. This is true, as in Florida, where most Family Law litigation will require mediation before a court appearance can be scheduled. Florida Family Law mediators are required to have specialized training and become certified as a Florida Supreme Court Certified Civil Mediator before mediating any cases. A good mediator will help a couple work through the issues needing resolution and foster an atmosphere of cooperation and compromise. However, at no time will a mediator give specific advice as to how an issue should be solved, nor will a mediator take sides with one party or the other. Naturally, mediators each have their own style and personality, and some are better qualified than others. Here are some tips to help you when selecting a good mediator, the right one for you.

· Begin by checking with family and friends and your attorney as to who they would recommend for your mediator. Many attorneys are also mediators, so will know a lot about mediators in your county.

· Go online and read about several mediators in your area.

· Determine how the mediator charges. Usually, by the hour is best unless you think your mediation will take many hours and then a flat fee might better meet your needs.

· Sex and cultural background should not be a factor unless you or your spouse have strong personal preferences. For example, if a spouse has been severely mistreated by a male figure, it may be difficult to trust males, and choosing a female mediator would be best.

· As mediators are used in many types of legal cases, it is best to choose a mediator who only mediates Family Law cases.

· Experience is helpful though a newly trained mediator will have the latest information regarding the statutes and laws surrounding Family Law, which could work to your advantage.

· A good mediator will have a reputation of being a careful listener while encouraging each side to stay calm, think it through, and whenever possible, be willing to compromise.

Mediation has proven to be a very helpful tool in handling many cases of dissolution of marriage and moderation of alimony, child support, parenting plan, and parental timesharing. As courts are backlogged for several months, being able to bring resolution is much faster for the couple. The speed of completion not only brings a quicker answer it is far less expensive than going to court and having to pay all the additional attorney fees that will entail. Too, the couple is master of their settlement and not subject to having a judge determine the outcome of their case. No party will receive all he or she hopes for so it best to compromise rather than having a judge decide how their lives will be affected by such decisions as alimony, parenting plan, and equitable distribution (Florida is an equitable distribution, not equal distribution state) of marital property, assets, and debt.