Frequently Asked Questions
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What does a divorce mediator do?
A certified divorce mediator will help you communicate and develop options. A divorce mediator is not an attorney or judge and does not rule or make decision for you. Unlike an attorney, the mediator works for both spouses not just one.
Working with both spouses, they identify each issue of your divorce, share the requirements for filing, and then help you have the most thoughtful and productive conversation where you understand your options and reach your best possible agreements. The mediator guides the process, and you stay in control of your own divorce terms, rather than a judge making decisions for you in court. The mediator will also assist you in preparing your final documents for filing.
How long does the process take from start to finish?
On average 2-4 months. Your actual answer depends on several factors.
- How soon both spouses can gather their information on their assets and liabilities.
- If minor children are involved, how soon a parenting plan can be agreed upon. Additionally, both parents must also complete a required parenting course.
Once all necessary documents are drafted, reviewed, and signed, the documents are filed with the court and then we await a judge’s final approval.
How much does it cost to do divorce mediation and who pays?
Divorce mediation costs only a fraction of litigation led by lawyer’s fees. Divorce litigation costs are often estimated at $18,000 per spouse on average. Most attorneys require a large retainer. Attorney’s billing occurs in 15 minute increments. Miller Mediation fees are discussed upfront and are significantly less making it affordable and not so confusing. Miller Mediation rates are $200 per hour. Typically an uncontested divorce requires 10-20 hours of mediation work.
It is common for both spouses to share the mediation fees. If one spouse agrees to pay the full amount, that is acceptable also. The details of your situation will be discussed at the free consultation so you know how much your meditation will cost. No surprises.
Is divorce mediation successful?
Yes, most divorce cases that enter mediation are successfully settled out of court. The best thing is no one loses in mediation. Mediation produces “win-win” agreements where both parties feel satisfied with the outcome. In litigation, both parties are typically left unhappy with the results as they’ve been forced to accept someone else’s terms at a costly price.
Do we have to also get attorneys?
No, you are not required to hire attorneys. We believe all spouses should have access to affordable and competent legal advice during their divorce process. Rather than formally representing you and requiring you to “retain” their service and pay a large “retainer,” you can select a lawyer to act as your “legal advisor” and only be charged hourly for the time you spend with them. You can request their advice between our mediation meetings and ask them to review the final documents created through mediation before you sign them. It is your choice whether you get legal advice.
What are the advantages and benefits of online mediation?
There are many advantages to using online mediation:
- Convenience – you can complete your entire process from wherever you are most comfortable
- Each spouse can be in a different location, reduced conflict
- Saves time by reducing travel time and costs
- Sharing documents is easy to do online
- Miller Mediation meets clients where they are in their process
- Miller Mediation helps clients feel comfortable using modern technology
- Miller Mediation facilitates mutually-beneficial agreements
Most spouses prefer the online process and find it simple and convenient. People appreciate being able to attend their meetings “together,” but from two different locations, and they prefer to attend meetings from the comfort of their home or office.
How do I tell my spouse about mediation?
Share with your spouse that the free 30-minute consultation does not start the divorce mediation process. Clients often feel a sense of relief after the consultation, when it becomes clear that a simple process with support exists to help them get through this challenging time.
Feeling some reluctance is normal. The advantages of mediation apply to both spouses. After spending some time reviewing our website or talking with us, even the most reluctant spouses are usually willing to attend a complimentary consultation to learn more. There is no obligation to move forward and almost everyone appreciates receiving valuable information at no cost
What if I have already been served with divorce papers?
No problem, this happens all the time. You can enter mediation at any point in the process, even after being served.
Many of our clients begin mediation after having been served with divorce papers.
What if one spouse hires an attorney?
One or both of you can have an attorney, either as a legal advisor or as a retained attorney.
What if we are already litigating?
You can begin mediation at any point in the process, even after you have begun litigation. If you find yourself in the midst of contentious litigation and you decide you would like to complete your divorce process in a lower-conflict and less-expensive manner, we are here to help both of you every step of the way. Even when litigation has caused conflict, mediation can immediately lower conflict and completely change the tone of your divorce.
Mediation is an option at any point throughout your divorce process.
Is it ever too late to begin mediation?
No, mediation is an option at any point throughout your divorce process.
It is never too late to begin mediation prior to the judge signing off on your final divorce. Even after several months or even years of challenging litigation, we are here to help you finalize the divorce process.
Is it normal to have your own legal representation as you move through the mediation process?
You are not required to hire attorneys. We believe all spouses should have access to affordable and competent legal advice during their divorce process. Rather than formally representing you and requiring you to “retain” their service and pay a large “retainer,” you can select a lawyer to act as your “legal advisor” and only charge hourly for the time you spend with them. You can request their advice between our mediation meetings and have review the final documents created through mediation before you sign them. It is your choice whether you get legal advice.
Can we enter mediation if one of us has an attorney?
Yes, we can mediate when one party is represented or working with an advisor and the other is not.
Why shouldn’t I file on my own?
You can file on your own but beware of the following:
- It’s less stressful for you to have a mediator assist you with something you are likely unfamiliar with
- Knowing which forms and how to complete them can be complicated and confusing on your own.
- Using a divorce mediator will assist both spouses reduce conflict in this volatile time.
- Trying to save money doing it yourself can actually cost you more in the long run. You don’t know what you don’t know.
- Using a certified family law mediator will save you time and money.
What if I don’t want a divorce?
Florida is a no-fault divorce state. This means that when one spouse wishes to divorce, the court will grant a divorce, regardless of whether or not the other spouse wants or agrees to the divorce. One spouse cannot prevent the other from getting divorced.
Through mediation, the spouses can make a life-changing choice about how their divorce will happen. Together in mediation, they can reach mutually beneficial agreements. In contrast, through litigation, they will take sides and work against one another.
