Mediations / Alternative Dispute Resolutions

Going through a divorce or any family law matter can be overwhelming both emotionally and intellectually.

For most clients, this is the first time you have gone through a legal matter, and certainly one involving family and children. At the Law Office o f Cindy S. Vova, P.A we tirelessly endeavor to remove as much of the stress you are experiencing about your case and let us deal with it. O f course, on the emotional level, although we are here to support you and empathize with what you are going through, we cannot alleviate all of the stress you are experiencing.

We do our best to try and end that stress and help you move on as quickly as possible. In many cases, a couple needs the legal guidance of an attorney so they can achieve a reasonable and equitable outcome. Couples who understand that the traditional legal process through the courts for divorce and family law matters is cumbersome, time consuming and costly , are often able to use mediation even before their case is filed with the Court. When the parties realize the benefits of mediation, and when they can, at the very least, agree on that matter, then a pre – filing mediation may be the best choice.

Is Pre-Suit Mediation Right for my Case?

You do not have to initiate filing your divorce case in Court to resolve your case. If parties are able to come to an agreement before filing suit, then after he agreement is reached, the suit can be filed indicating it has been resolved and obtaining a final judgment from the Court is a very simple process.

Although some parties, with the aid of their attorney, are able to resolve their family law case through negotiations. Often the added experience of a neutral mediator helps close the deal.

When both parties want to resolve their divorce or other family law matter before starting a court case, and both parties are in agreement with proceeding with mediation (because this is a voluntary process) and both parties are willing to cooperate to voluntarily provide information to each other directly or through counsel, then pre-suit mediation may be the best choice.

There are also instances where going to mediation without an attorney may be a good option. If you believe that you and your spouse or the other parent may be close to resolving any disputes regarding property, finances or children, but are just unsure of how to move forward and need a neutral, knowledgeable party to assist you, please see our Mediation Services section as Cindy Vova has been a Florida Supreme Court Mediator since 1999 and a Supreme Court Certified Civil Mediator since 2012, and has mediated and settled hundreds of cases.

What if my case is already in court?

Mediation is also an effective way to end litigation even after your case is filed, and even after a judge may have decided some matters on a temporary basis. The parties still have the opportunity to come to a compromise that each party can live with , without the judge making the decision for you.

In fact, with very few exceptions, Florida judges require parties to any family law proceeding to first mediate before allowing a trial. Increasingly, Courts require the parties to mediate even before certain temporary hearings are heard by the Court.

How does mediation work?

Mediation is a process where parties to a family law proceeding, and their respective attorneys, work with a mediator, who is a neutral third party, in an attempt to settle their issues without the necessity of court intervention. A mediator is not a judge and therefore, does not make decisions or force parties to settle. Rather, the mediator is a neutral party who facilitates interaction between the parties so that when a settlement occurs, it is a settlement crafted by the parties themselves and not one created by a judge. Mediation allows the parties to negotiate in a private, non – adversarial and impartial environment. With a mediated settlement, the parties have more flexibility in resolving their problems, and therefore, are more likely to follow a settlement they participated in creating rather than a judgment forced upon them.

How is a mediator selected?

When it comes to selecting a mediator one size does not fit all cases. Over the years we have curated a list of mediators who have a proven track record of settling cases. We hand pick our mediators based on the facts and circumstances of your case and who we believe will assist in getting you the optimum results.

To become a Supreme Court Certified family law mediator, an individual must have, at a minimum, a bachelor’s degree, and many have Master’s Degrees, PhDs and Doctorate degrees. Certification also requires a rigorous training process. And, every two years the mediator must complete additional training to retain certification. Depending on the issues in your particular case, we might select a family law attorney, a forensic accountant or a mental health therapist. Of course, you, as the client, are involved in the process as well.

How a case is resolved in mediation

Unlike a trial where the court renders a judgment that, quite often, neither party likes, mediation is a win-win situation. Although the process, by its very nature, requires compromise, a good settlement involves compromise that both parties can live with. More importantly, unlike the anxiety and uncertainty clients face with a trial, a mediated settlement removes both of these stressors. Equally important, once a settlement is reached, the continued financial costs that accompany ongoing litigation and trial ends.

Talk to us to see if mediation is right for you

The Law Office of Cindy S. Vova, P.A. works diligently to get our clients to mediation as soon possible. Once we obtain sufficient information necessary for our attorneys to assist our clients in making informed decisions, we schedule mediation either by agreement with opposing counsel or through a court order. Prior to mediation we meet with our clients to thoroughly explain not only the process, but understand our clients’ expectations in the process an d alternative resolutions so that, not only are we thoroughly prepared, but our clients are prepared as well. We are well versed in conceiving creative solutions that transcend what a court can order, and maximize the clients’ interests. Click here to re ad more about our Mediation Packages.

Call the law firm of Cindy S. Vova, P.A. at 954 – 316 – 3496 or email us at info@vovalaw.com , or Click Here to see if your case may be closer to resolution than you think.