March 2018

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LAW Presuit Divorce Mediation: by H. Mark Purdy, Esq. The benefits and how it works Only twice was I financially ruined: Once when I lost a lawsuit, and once when I won a lawsuit. Voltaire (1694-1778) Whatever you do, keep out of court. For it’s being ground to bits In a slow mill; it’s being roasted at a slow fire; it’s being stung to death by single bees; It’s being drowned by drops; it’s going mad by grains. Charles Dickens, Bleak House (1852) The sharp wit of Voltaire and the flowing prose of Dickens articulate a present day truth — that it is very wise to consider alternatives to litigation to resolve conflicts. In recent years many forms of Alternative Dispute Resolution (ADR) have been utilized, but none more widely accepted than mediation. In no other circumstances is the need for “a better way” truer than when faced with the potentially devastating emotional and financial consequences of divorce. This article will provide an explanation of the rapidly growing form of ADR known as presuit, pro se (without lawyers) divorce mediation. It is a simple, very cost effective, private process in which the parties themselves come to their own settlement. We start by understanding what mediation is and the role of a mediator. Mediation is a process in which the parties to a dispute utilize the services of a neutral third party - the mediator - to encourage and facilitate the resolution of disputes. It is designed to be the opposite of litigation, which involves rules of law and procedure, extensive formal discovery such as depositions, court imposed deadlines, multiple court appearances, the stress and uncertainty of surrendering the ultimate decision making authority to someone else, as well as the possibility of a post-trial appeal. In short, in litigation each party seeks to “win the lawsuit” by attaining complete “victory” at the expense of the other party. Mediation, on the other hand, is informal, nonadversarial, private, and confidential. The issues to be resolved are treated as mutual problems to be solved by the parties, to their mutual satisfaction. The role of the mediator is critical and parties facing divorce should carefully select an experienced mediator who is Florida Supreme Court Certified in Family Mediation. First and foremost, the mediator is bound by strict ethical standards of neutrality and impartiality. The mediator does not serve as legal counsel for either or both of the parties. The mediator does have a very active and essential role in the process and is often referred to as a “guide” to the parties. The mediator is ethically allowed to provide information that the mediator is qualified by training or experience to provide. In divorce mediations there are multiple, often complex issues to be resolved, such as property distribution, alimony, and children’s issues. Therefore, the mediator creates an agenda so that issues are discussed in a logical order and within realistic parameters. Assisted by the mediator, the parties develop a better understanding of the issues and their options. The mediator can suggest alternative solutions that the parties might not have considered. The mediator always encourages and facilitates communications between the parties and seeks to remove barriers due to lack of communication. Full settlements are usually reached after a few mediation sessions. At that point, the mediator assists the parties in completing a written settlement agreement as well as all other paperwork necessary to obtain the Final Judgment of Dissolution of Marriage. P H. Mark Purdy, Esq., is a former Broward County Court Judge and Circuit Judge. He is a Florida Supreme Court Certified Family Mediator and a principal in Mediar, Inc. 62 MARCH <strong>2018</strong>
DIvoRCE-PEACEFuLLy The financial and emotional consequences of divorce can be devastating. The use of Mediation before filing for divorce saves money and avoids a bitter court battle. Spouses can achieve a complete resolution using one experienced, neutral Florida Supreme Court Certified Family Mediator, instead of lawyers. Contact: MEDlAR INC. 214 Southeast 13 th Street Fort Lauderdale, Florida 33316 954-467-1276 info@mediarinc.com Hablamos Espanol / Fala-se Portugues MEDIARINC MEDIATON • ARBITRATION VIP ConstruCtion serviCes 954-740-4408 This month a free mosquito spray with an Outdoor Design order. On most homes, a $5500 value… We specialize in custom pools, infinity and reflective edges, gazebos, trellis, outdoor kitchens, pizza ovens, fire pits, mosquito systems, landscape lighting, and much more. We have certified designers at your availability to discuss project at no cost. vipconstructinfo@gmail.com www.vipconstruct.com GC-1511179 25% OFF Selected Window Coverings* 954-295-6154 Budget Blinds.com the PARKLANDER 63
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March 2018

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