What is Mediation? - Ginger Dugan, Esq.

What is Mediation?

Mediation is an out-of-court process where two parties come together with a 3^rd party neutral Mediator to attempt to resolve their disputes. For Divorce, that means negotiating how to divide the assets and debts as well as crafting a Parenting Plan and determining Child Support if a child or children are involved. In a child-only action, this involves crafting a Parenting Plan and determining Child Support.

How Does Mediation work?

If you have an attorney:
- Your attorney will pick the mediator, schedule the mediation date with the other attorney or party (if they don’t have an attorney), and prepare you for mediation. Your attorney will attend the mediation with you (virtually over Zoom, or you can both be at the attorney’s office if the attorney has that capability).
- The Mediator is a neutral party, so they are not allowed to discuss the issues in the case with the parties prior to the mediation or after the mediation is completed.
- During the mediation you and your attorney will be in a separate break-out room together where no one can see or hear you except the Mediator when the Mediator is also in the break-out room. The two parties will not see each other during the mediation. This may be different than what you have seen on T.V., but it is usually the best way to get cases resolved.
- The Mediator will explain the mediation ground rules to you and listen to the facts of your case and legal arguments made by your attorney. You, your Attorney, and the Mediator will discuss what division of assets and debts and/or parenting plan and child support is appropriate in your case based on all the facts and the law. Once you approve the agreed-upon offer, the Mediator will leave your break-out room and go to the break-out room of the other party and their attorney.
- The mediator will listen to the other party’s interpretation of the facts in the matter and the related law. Then the mediator will tell the offer to the other party and their attorney.
- There is usually some back and forth negotiating through the mediator who will go between the virtual rooms discussing offers made. As the different issues in the case are resolved, the Mediator will be taking notes so that the Mediated Settlement Agreement can be drafted once everything is agreed.
- Sometimes the parties will agree to settle some, but not all of the issues in the case. If that happens, the mediator will draft a Partial Mediated Settlement Agreement.
- After the parties review the typed document and the Mediator makes any changes that they have, the Mediated Settlement Agreement will be sent out to the parties and their attorneys for digital signature.
- The parties pay the mediator their 50% of the mediator’s hourly rate ($250/hr total) for the time it took to complete the mediation. The rates are further explained in the confirmation letter sent out by the mediator and forwarded to the parties by their attorney.
- Following mediation, if your case has come to a full agreement, then one of the attorneys will either submit a Final Judgment or Order to the Judge for signature, or the attorney will schedule a short hearing for one of the parties to appear before the judge to finalize the case (your attorney will discuss this process with you more fully).
If you do NOT have an attorney:
- The Mediator is a neutral party, so they are not allowed to discuss the issues in the case with the parties prior to the mediation or after the mediation is completed.
- Here are great resources for everything involved:
  - FLORIDA:https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida
  - GEORGIA:https://www.georgialegalaid.org/resource/family-law-forms
- First, the parties must both agree to use the mediator and to use the private mediation process (aka virtual mediation over Zoom, not at the courthouse).
- Prior to mediation, the parties must complete Financial Affidavits
  - Florida:https://www.flcourts.org/content/download/685813/file_pdf/902c10-21.pdf
  - Georgia:https://griffinflw.org/wp-content/uploads/2020/06/financial-affidavit.pdf
- It is also helpful if the parties exchange financial documents and information prior to the mediation. The courts in Florida require the documents on this list to be exchanged, unless the parties agree to waive that requirement: https://www.flcourts.org/content/download/685889/file_pdf/932.pdf
- Some counties in Georgia also require this disclosure: https://www.fultoncourt.org/sites/default/files/family/forms/Mandatory%20Discovery/Required%20Documents%20to%20be%20Produced%20Pro%20Se%20Fulton%202022.pdf
- Although the parties can waive the full disclosure as part of any agreement reached, it is important for both parties to have a full understanding as to all the assets and debts so that any agreement reached will be reached with full knowledge of everything that exists.
- During the mediation: You and the other party will be in a separate break-out rooms where no one can see or hear you except the Mediator when the Mediator is also in the break-out room. The two parties will not see each other during the mediation unless both parties agree to be in the same virtual room. This may be different than what you have seen on T.V., but it is usually the best way to get cases resolved.
- The Mediator will explain the mediation ground rules to you and listen to the facts of your case and any legal arguments you might have.
- The Mediator CANNOT GIVE LEGAL ADVICE to the parties because the Mediator is a neutral party.
- You and the Mediator will discuss what division of assets and debts and/or parenting plan and child support is appropriate in your case based on all the facts you tell them. Once you approve the agreed-upon offer, the Mediator will leave your break-out room and go to the break-out room of the other party.
- The mediator will listen to the other party’s interpretation of the facts in the matter. Then the mediator will tell the offer to the other party and find out if they are in agreement.
- There is usually some back and forth negotiating through the mediator who will go between the virtual rooms discussing offers made. As the different issues in the case are resolved, the Mediator will be taking notes so that the Mediated Settlement Agreement can be drafted once everything is agreed.
- Sometimes the parties will agree to settle some, but not all of the issues in the case. If that happens, the mediator will draft a Partial Mediated Settlement Agreement.
- After the parties review the typed document and the Mediator makes any changes that they have, the Mediated Settlement Agreement will be sent out to the parties for digital signature.
- The parties pay the mediator their 50% of the mediator’s hourly rate ($250/hr total) for the time it took to complete the mediation. The rates are further explained in the confirmation letter sent out by the mediator prior to the mediation.
- Following mediation, if your case has come to a full agreement, then you can submit the agreement with the appropriate forms to the court and finalize your case through the court process (the forms can be found here:
  - FLORIDA: https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?query=&offset=50&view=embed_custom&searchType=form&limit=50&sort=form/number%20asc,%20form/date%20desc&recentOnly=0&activeOnly=0&active_only=0&nonActiveOnly=0&nonactive_only=0&show_scopes=0&hide_search=0&hide_filters=0&siteaccess=osca
  - GEORGIA: https://griffinflw.org/forms-and-documents/
- You can also hire an attorney for an “uncontested divorce” where they will finalize everything for you at a lower cost than a contested case.
- Please refer to the “Amicable Divorce Network” for a referral to an attorney specializing in uncontested divorces.