September 2017

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LEGAL MATTERS by H. Mark Purdy Presuit Divorce Mediation: The Benefits and How It Works “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) by Palmer Peters The sharp wit of Voltaire and the flowing prose of Dickens articulate a present day truth, which is very wise to consider alternatives to litigation to resolve conflicts. In recent years many forms of Alternative Dispute Resolution have been utilized, but none more widely accepted than mediation. In no other circumstances is the need for a better way more true than when faced with divorce. The dissolving of a marriage almost always involves high emotions, such as shock, anger, hurt, denial, and uncertainty about the future. An acrimonious divorce can lead to increased bitterness that can last for years and have severe emotional consequences, especially when there are children. Of course, all this is in addition to potentially devastating financial consequences. The purpose of this article is to provide 100 an explanation of a rapidly growing form of ADR and that is presuit, pro se (without lawyers) divorce mediation. Its growing popularity is based on the fact that it is a simple, highly 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 an appeal after trial. 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 SEPTEMBER 2017 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 encourages and facilitates communications between the parties. Full settlements are usually reached after a few mediation sessions. At that point the mediator assists the parties in completing a written settlement agreement and all other paperwork necessary to obtain the Final Judgment of Dissolution of Marriage. P Purdy, a resident of Broward County, is a former Broward County Court and Circuit Court judge. He is a Florida Supreme Court Certified Family Mediator; a Florida Supreme Court Certified Appellate Mediator; and, a Qualified Arbitrator.
PRE-SUIT DIVORCE MEDIATION The financial and emotional consequences of divorce can be devastating. Pre-suit Divorce Mediation minimizes those consequences and preserves assets by avoiding protracted litigation. It is a simple, cost effective, private process whereby the parties seek a complete resolution using the assistance of a neutral, experienced Florida Supreme Court Certified Family Mediator. Contact: MEDlAR INC. 214 SE 13th Street Fort Lauderdale, Florida 33316 954-467-1276 info@mediarinc.com MEDIARINC MEDIATON • ARBITRATION 2017 HURRICANE SEASON IS HERE! Can Your Homeowners Insurance Weather the Storm? Call Coral Financial And Let Us Make Sure! For all the information You Need Auto • Homeowners • Flood • General Liability Boat / Motorcycle • Worker’s Compensation 954-345-2600 We service all the major carriers: Progessive, Travelers, Mercury, Trusted Choice, Zurich, Bankers, Universal Property and Casualty Insurance, Prepared Insurance Co, Ark Royal Ins Co, Bristol West, & more CCoralFinancial We’re Your Neighborhood Agent www.coralfinancial.com 9764 W. Sample Rd., Coral Springs Fl 33065 East of Runyon’s Restaurant INJURED? 36 Years’ Experience Fighting Insurance Companies Membership morning in margate 7:30 Am, September 21 st sT the Carolina Club Register Online www.pompanobeachchamber.com No Fees or Costs if No Recovery Hablamos Español Auto, Bike, Boat and Pedestrian Accidents, Motorcycle, Nursing Home Neglect, Trip or Slip and Fall. (left) (right) DAN IRVING CYTRYN The only Board Certified Civil Trial Lawyer with the main office in Coral Springs. Past President Broward County Trial Lawyers Association EDGAR VELAZQUEZ Bilingual, more than 15 years’ experience Call Now For a Free Consultation:(954) 255-7000 www.personalinjuryfirm.com We can come to your home or hospital LAW OFFICES OF CYTRYN & VELAZQUEZ P.A. 2825 N. University Drive, Suite 350, Coral Springs, FL 33065 the PARKLANDER 101
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September 2017

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