In what is assumed is an effort to keep broaden the judges' knowledge and experience, when January rolls around, so do many of the local judges.  This year is no exception, but it does not look like it will have much impact to Attorney Hanks cases in

In the Family Law Courts of Tampa Bay, attendance at at least one mediation conference is mandatory in all contested divorces and time-sharing (custody) cases.  If the combined, gross incomes of the parties in your case is under $100,000.00, then the State will subsidize a portion of your mediation costs, reducing your cost for a 3  hour mediation to either $120.00 each (if the combined incomes are between 50K and 100K) or $60.00 each (if the combined incomes are less than 50K).  To qualify for the program each party must file a Family Law Financial Affidavit and pay their fee to the Clerk of Court, at least 3 days before the scheduled mediation.  For combined incomes above 100K, the parties are still required to attend mediation, but must do so at their own expense with a private mediator.  Private mediators generally charge between $250.00 and $350.00 per hour, with a 3 hour minimum.  This cost is generally split between the parties.

So what exactly is a Family Mediation Conference? It's a chance for the parties and their attorneys, to use an independent lawyer or counselor, to try and bring the parties to a middle ground.  While some mediators will try and put everyone in the same room together (which is often something akin to placing gasoline near an open flame), a good mediator will have each party and his or her attorney in one room, and the other party and his or her attorney in a second room.  The mediator will then spend time with each, identifying issues (like the amount of overnights a child should spend with one parent), or in a divorce, identifying assets and debts, and then, obtaining from each party what he or she wants.  If one of the parties wants something that would not be allowed under the law, or would not be likely before a particular judge, a good mediatior will explain that to the party.  Eventually all issues are discussed, and if successful, the  mediator will generally prepare a Mediation Agreement--a contract--specifying exactly what has been agreed, and if anything has not been agreed to, what remains.  

Do mediation conferences work?  The majority of most cases will settle at a mediation conference.  The ones that don't, usually have one or both of the following factors involved.  One of both parties lack information or documentation about the other's position.  This is the most common problem in mediations.  One side or both, have not furnished the other with the right financial documentation (missing paycheck statements, tax returns, bank or credit card statements).  Or neither party agree on the value of an asset--like a house.  At Attorney Hanks, we strive to never attend a mediation without all the documents we need, and if the value of the house or another asset is in dispute, we will recommend obtaining an appraisal beforehand.  Cases will not reach settlement when one or both parties have completely unrealistic views of their cases, and will not listen to the mediator or their attorney explain the problems with their views.   This is mostly a problem with the unrepresented party, on the other side, but I have seen a few attorneys who are just as far off. This type of case most often ends up in trial.

The benefits, of course, to settling at mediation are that the parties have determined the outcome of their case for themselves, and are not going to risk a judge giving them less.  Since a complete agreement at mediation will allow the case to be concluded with a five minute uncontested hearing, instead of a two day trial, the amount saved on time and legal fees will be considerable.  So, don't be bothered by having to go to mediation, it may just save you a bundle in time, emotion and money.