In divorces involving children, there are parenting decisions that have to be finalized and paperwork to be filed in court. While hiring an attorney to take your case to court may seem like the only option, mediation is also a healthy alternative that allows you, rather than a judge, to come to certain agreements about what is in your children’s best interest moving forward.

Pre-suit Mediation

Before you file any document or retain attorneys, you have the option to hire a mediator. If you are looking to save time and money, this could be a wise decision that will make the process of separation and divorce much more manageable for you and the children.

Mediators who offer this kind of service have been well-trained to help couples reach an agreement or uncontested divorce for a less adversarial, and more personal, way of resolving your issues.

Why Mediation

Through mediation, parties who have disputes can create a safe ground by which they can talk about their concerns and make decisions with the help of a mediator. Judging who is right or wrong is not the job of the mediator. At the end of the day, it is still you as a couple who will come up with solutions that will address your individual needs and personal preferences.

In fact, if you decide not to come up with an agreement, this can also be made possible. It is very common for strong emotions to be involved when it comes to a divorce, especially when children are involved. With a mediator however, you have a neutral person who can help ease the way for you and make communication smoother. In this way, you can focus on finding an objective solution to the dispute.


How would you like your private affairs to remain private and confidential? Hearings and trials are held typically in public courtrooms. In mediation however, your privacy is always upheld together with confidentiality, with only a very few exceptions.

For a mediation that is court-ordered or is conducted by a mediator who is certified, the rules and laws themselves require for confidentiality to be preserved as seen in the Florida Statutes. The Mediation Confidentiality and Privilege Act applies to both court-ordered and non-court ordered mediation when it is agreed by the parties that it will apply, or when a certified mediator is present. The parties can state in writing that they prefer everything to be kept confidential. This allows the individuals involved in the mediation to talk freely about the issues, whether legal or non-legal, and to air any concerns without feeling afraid that others such as the judge can hear them, and that they will go on record. In this way, you can ensure that all issues are dealt with accordingly and completely without any secrets or stones left unturned. You can also rest assured that the decisions you make are a result of proper communication with focused attention to and real consideration of the needs of each of the party.

Personal and Individualized Agreement

One of the best things about mediation is that you do not have to risk having the jury or judge make the decisions for you when you get to court. You have full awareness, understanding, and consent to whatever it is that you agree on in the mediation process.

When you are able to resolve the dispute via mediation, you lessen the uncertainty of having a judge make the final decisions which may or may not be to your liking or preference.

Keep in mind, you will have to comply with the decision that a judge makes whether you are agreeable to it or not. In mediation however, you and your spouse have full control over the decisions you make based on your individual needs and personal preferences.

Creative Solutions

Mediation provides an environment that is open and conducive to arriving at creative solutions to your divorce or child custody agreement. First off, it gives the parties an opportunity to look back and understand why the situation has come to such a degree in the first place. You can talk to each other openly in the presence of the mediator and an attorney if you prefer to bring one in. Being able to discuss the issues in this secure and less straining environment promotes better communication until you are able to understand why it happened or why the other person acted in certain ways, to the point that the desire to find resolutions to the dispute becomes a favorable goal for both.

When this takes place, flexible solutions can be reached and compromises are likely to satisfy both parties. The likelihood of arriving at a win-win situation increases in mediation in contrast to taking your case to court where the final decision lies in with a judge.

Mediation is an important option in the divorce or child custody process that Seff & Capizzi Law Group takes seriously. At Seff & Capizzi Law Group, we regularly assist clients and provide valuable information for those that need assistance in understanding how to approach this particular situation in their own lives.

If you think that mediation is an option you would like to pursue, please call us at (954) 920-9220. We have over 40 years of experience and offer a free consultation. Click here for more information about our family law practice and how Seff & Capizzi can help.