FAQs Written By Professionals in Florida

"A friend told me that women always do worse in mediation than in the traditional process. How can I be sure I don't get ripped off?"

Most mediations are court-ordered mediations that take place with both sides having lawyers to advise them. Presuit mediation, where the parties generally have no lawyers, is far less common. There is no evidence to suggest that women do "worse" in either situation. However, the only insurance against getting ripped off is proper preparation. If you go to mediation having no idea of the value of the marital estate, you will do worse. If you go into it with no proposal or suggestion for how the case should be settled, you will do worse. If you go into it with no idea what you want, or what would work for you, then you will do worse. If you have an attorney, then the attorney should be helping you to prepare for the mediation conference and obtaining the information you need to be sure you don't get ripped off.

There are several "protections" built into the mediation process, including the training of the mediator. Good mediators will help the parties take control of their own solutions to the problems. Their training as neutrals includes an emphasis on helping the parties to achieve self-determination, and good mediators don't dictate decisions to the parties. Good mediators will also help the parties not to be in a hurry to achieve an agreement and to obtain whatever information, or valuations, they need in order to make an informed decision.