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Mediation
Tips and Pitfalls
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Mediation is now required in all divorce and other civil cases. Mediation rules are contained in Florida Rule of Family Law Procedure 12.741. Mediation is the process by which parties get together with an impartial mediator to try to resolve their case. As state above, most judges will require mediation in all family law cases. If a party fails to show up for mediation without good cause, the court imposes sanctions including the cost of the mediation fees, attorney's fees and costs against the party who failed to appear. Generally, mediators have the right to adjourn a mediation conference and to reconvene the conference at a later date. Lawyers are allowed to appear at mediations with their client and to communicate privately with their client. However, a mediation is very difficult to set aside if an attorney attends a mediation. However, if your lawyer does not attend mediation, then under a special rule ( Rule 12.740 ), your lawyer may file an objection to the mediation agreement within ten days after receiving a copy of the mediation agreement. Absent a timely written objection to mediation, an agreement is presumed to be approved by counsel and shall be filed by the court mediator. |
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