It Sure Is
On line mediation is certainly a thing. This together with several other options have developed as an answer to the needs of couples. It is amazing what rough times do for people. Could we actually be thankful for the decline of the real estate market which began in 2007? Why not find the positive!
When things got rough, people found ways to survive. And one way to survive was to get divorced in a cheap and economic way. Unfortunately for many this did not involve attorneys. Or it only involved attorneys in a limited capacity.
When I say unfortunately, what I mean is at the time that cheaper and more economic methods were needed like on line mediation, very view choices existed or were offered to people. I presume people began coming up with methods by themselves. They would go to paralegals or notaries or even their financial advisors to help them. Non attorney’s began to engage in things that were illegal such as the unauthorized practice of law and people got hurt.
History of Mediation
Long before online mediation was ever conceived, traditional mediation began when sensible lawyers got to gather and tried to resolve cases outside of court. There was actually a time when no family law divisions existed in the court houses. If you wanted a divorce, your case got heard before the same judge that handled contract disputes or complex business litigation. The family lawyers involved would inevitably wind up in trial before these judges because there were limited mechanisms to resolve matters prior to trial.
Eventually certain lawyers would set meetings intended for parties to discuss their issues and to resolve them. There were no rules or guidelines at this time to assist the lawyers during these meetings. The lawyers began using a third attorney that represented no party and this person came to be known as a mediator. This was actually a difficult time for mediation as many judges and lawyers were opposed to the practice. Believe it or not it was actually frowned upon by the majority of the professionals.
Luckily, we saw a rise in support by individuals who believed that the mediation process was working and providing a positive during such a negative reality for many. These individuals began to unite and eventually passed legislation that legitimized the process.
Today mediators become certified after meeting very specific qualification and after attending training. Additionally mediators are responsible for completing continuing education. Currently in the state of Florida, there is a requirement that parties attend mediation. By law, a case can not be heard by a judge or a magistrate unless the parties first mediated their dispute with the exception of strictly support related enforcement cases.
The Reality of Mediation
The reality of mediation today is that is continues to be productive. It continues to work! More options continue to be developed like on line mediation. The one negative however that has developed is that there are some people and some lawyers that don’t make any attempt to settle their disputes at mediation. Some lawyers actually use mediation as a litigation technique by attempting to gain information to use against the other party. This has become an unfortunate byproduct of the process. Used appropriately however, mediation including online mediation is still a great alternative method to resolve cases.
The Options of Mediation
People do have options like on line mediation. People can choose to attend mediation at the mediation and diversion office of the court house. This by far is the cheapest option for people however you only get about 2 hours to resolve your entire case. Quite frankly two hours is just not enough.
People can choose private mediators. This is a great option as private mediators many times have the benefit of experience and the capacity to assist people in the drafting of their settlement agreements. Also, private mediation can last as long as people need to get the job done.
On line mediation is now an option. This is something that can be done via Skype or face time or even via e-mail. People can do this with or without the assistance of lawyers. The parties can live in different cities and do not even have to have contact with each other.
Individuals can fill out forms that list the items they wish to mediate and offers can be traded back and forth via e-mail or discussed via Skype or face time sessions. The mediator can develop options during these on line sessions.
Co-mediation is also a new an exciting type of mediation. In co-mediation people use a lawyer who has become certified in mediation and a mental health professional who has been certified in mediation. Both of these professionals are neutral and both assist in the settlement of the case. For more information about Co-mediation, click on the following links. Rachel Moskowitz and Linda Peterman.
The benefit of co-mediation is the increased accountability in the room. It is hard for individuals to leverage unreasonable positions when two neutral professionals fail to find the reason behind it. This is another method that can be accomplished with or without the assistance of attorneys.
The primary purpose of co-mediationn is to help resolve maters in a more efficient and streamlined manner. In my opinion, co-mediation evolved out of collaborative and cooperative divorce. The problem with collaborative and cooperative divorce is that they are expensive. With co-mediation, the parties get the benefit of a less expensive team approach to resolving their case. for more information about collaborative law, click on the following link. Next Generation Divorce.
How to get it done
Whether it is online mediation that you choose or any other type of mediation, you need to have your heart in it. For the vast majority of people, you simply do not need a lawyer to resolve your case. But you do need to work together. You need to be able to discuss options and to choose one. You need to follow through.
Lastly, choosing a qualified experienced mediator or team of mediators is extremely important.
On line mediation is not offered everywhere. It is certainly another up in coming type of mediation. If you are interested in this, beware of scams and people who are not certified mediators. You can verify your mediators certification by accessing the following link. mediator search.
If you are interested in on line mediation, verify that the provider is a certified mediator in the area that you need and research them by visiting their website. You should be able to speak to the mediator over the phone to ask questions. If there is no way to speak to the mediator than beware.