Gainesville, Florida Divorce Lawyer
Gainesville, Florida Divorce Attorney
Law Office of Jennifer K. Curcio
2835 NW 41st Street, Suite 240
Gainesville, FL 32606

Phone: (352) 327-1201
Facsimile: (352) 792-1330
Law Office of Jennifer Kirkhart Curcio - Family Law Attorney
Mediation
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This web site is designed for general information only, and the Law Office of Jennifer Kirkhart Curcio does not offer any warranty or representation as to the site's accuracy or completeness. Every legal situation is unique and no information offered here should be used without the advice of an attorney regarding your specific situation. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Email or phone inquiries do not establish a lawyer/client relationship. No lawyer/client relationship is established until a retainer agreement is executed.


Mediation is a process used to resolve a dispute without litigation. It is one form of alternative dispute resolution, others include collaborative practice and arbitration. The mediator is an independent third party that assists the parties in crafting an agreement. The mediator is not a judge, does not rule on issues, or tell parties what to do. The role of the mediator is simply to assist parties in reaching their own agreement that serves their own individual needs. Often, even if the agreement is not perfect in every way for each party, it has reached a fair result that can be tailored to the parties individual needs. In contrast, litigation is a gamble that will usually leave one or both parties very unhappy. The judge is limited in what can be ordered by the prevailing law. Mediation agreements can be much more creative than what is available to the judge.

Mediation is confidential. The mediator cannot be called as a witness in later litigation and what is said in mediation can not be presented as evidence.

Most of the time parties attend mediation with their attorneys. This allows the mediation to be more productive and create a final agreement. It can take anywhere from two hours, to all day, to several days if necessary. The time required depends upon the number of issues to be resolved. It is even possible to reach a partial agreement if all issues can not be resolved. This can limit what issues are litigated, limiting both risk and cost.

If an action has been filed with the court, the judge will almost always require an attempt at mediation before trial can be set. In some limited circumstances, such as domestic violence, mediation may be bypassed. Most court circuits have program mediators that are available for a reduced cost if you make less than $100,000 per household. As an example, the Eighth Judicial Circuit has a mediate on program that is extensive and very good. Please see www.circuit8.org/adr/family.html for a full description of their program. Additionally, there are many private mediators that are exceptional. Private mediators may offer more flexibility if your case is complex. Mediation is an excellent opportunity to minimize the conflict, time and expense associated with litigation. Jennifer is able to represent you in mediation or help you prepare for mediation if you are electing to attend one on your own.




To arrange a confidential consultation please call Jennifer at 352.327.1201


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