Halifax Family Mediation Center
253-1639
To download our printable brochure, click here.
Mediation
Process where a neutral third person acts to encourage and facilitate the resolution of a dispute between two or more parties.
- Informal & non-adversarial
- Objective: helping the disputing parties reach a mutually acceptable and voluntary agreement.
- Negotiations in family mediation are primarily conducted by the parties
- Attorneys for each party may attend the mediation
- Counsel is not required
- Decisions made during the mediation process are to be made by the parties.
- If
an agreement is reached by the parties on contested issues, an
agreement will be prepared and submitted to the parties (& their
attorneys) for review. Upon approval by the parties, the agreement will
be forwarded to the court.
| Mediation |
Litigation |
Confidential |
Public Record |
Private, informal |
Formal, rule oriented |
Parties take the lead |
Attorneys take the lead |
Rarely any witnesses, few documents |
Many documents and witnesses |
Parties decide through negotiation |
Judge makes rulings based on rules of law |
Less hostile |
Increases tension and hostility |
Agreement made by parties is mutually acceptable |
Decision by judge may be appealable to another court |
Less expensive |
Expensive |
Mediator
Neutral, impartial third party who facilitates the mediation process
Role of Mediator
- assist the parties to identify issues
- foster joint problem solving
- reduce obstacles to communication
- explore settlement alternatives
Family Mediation
mediation of family matters, including:
- married and unmarried persons
- before and after judgments involving dissolution of marriage
- property division
- shared or sole parental responsibility
- child support
- child custody
- visitation
Qualifications for Mediators
The Supreme Court shall establish minimum standards and procedures for qualifications, certification, professional conduct, discipline and training for mediators. ( www.supremecourtus.gov)
Mandatory Financial Disclosure
Mediation requires full disclosure of income, assets and debts.
Mediation Confidentiality & Privilege Act -§44.401-44.406
- Communications during mediation are confidential, with limited exceptions, including but not limited to:
- when a party plans, commits or attempts to commit a crime, conceal criminal activity or threatens violence
- requisite mandatory reporting pursuant to Fla. Statutes Chapter 39 and/or Chapter 415
Length of Mediation
Most parties come to an agreement within one to three sessions, depending on the complexity of the issues. Mediations are typically scheduled for a half day or full day session.
Fee Schedule
Hourly rate to be divided equally by the parties. Please call for current rates.
Mediation Stages
There are six distinct stages in Mediation:
- Mediator's Opening Statement: All participants are seated in the same room and the Mediator discusses the objectives and rules of the meeting.
- Disputants' Statements: Each party briefly describes what they want from the Mediation and how they think it can be resolved. Each person gets a chance to speak uninterrupted.
- Joint Discussion: The mediator determines what issues need to be addressed based on the Disputant's statements.
- Private Caucuses: The private caucus is a chance for each party to meet privately with the mediator (usually in a nearby room) to discuss issues being resolved and any ideas for settlement.
- Negotiation: After caucuses, the mediator may bring the parties back together to negotiate directly.
- Closing: This is the end of the mediation. If an agreement has been reached, the mediator puts its main provisions in writing. The Mediator may ask each side to sign the written summary of agreement or suggest they take it to lawyers for review. The parties can agree to make it a legally binding contract. If no agreement was reached, the mediator will review whatever progress has been made and advise every one of their options.
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Mediation 
