Frequently Asked Questions
1. What is an Independent Paralegal/Legal Document Assistant?
An experienced professional who is authorized to prepare legal documents for a client, but only at the direction of the client. An LDA is there to assist the “Self Help” clients handle their own legal matters without the cost of an attorney. An independent Paralegal/Legal Document Assistant is NOT an attorney or authorized to give legal advice.
2. What is Mediation?
Rule 3.852 Definitions: “Mediation” means a process in which a neutral person (i.e. “Mediator”) or persons facilitate communications between the disputants to assist them in reaching a mutually acceptable agreement.
A Mediator conducts the mediation in a manner that supports the principles of voluntary participation and self-determination by the parties as follows:
- A mediator informs the parties, at or before the outset of the first mediation session, that any resolution of the dispute in mediation requires a voluntary agreement by the parties.
- A Mediator respects the right of each participant to decide the extent of his or her participation in the mediation, including the right to withdraw from mediation at any time.
- A Mediator refrains from coercing any party to make a decision or to continue to participate in the mediation.
3. What is Divorce Mediation?
Divorce is difficult, but it doesn’t have to be an all-out battle that costs both of you a fortune in lawyers’ fees. Mediation is a process when divorcing couples can make decisions together about property, support, and child custody without breaking the bank.
Mediation is probably the most frequently used method of negotiating a divorce settlement. In divorce mediation, you and your spouse, or in some cases, the two of you and your respective lawyers hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. The mediator doesn’t make decisions for you, but serves as a facilitator to help you and your spouse figure out what’s best.
4. Will Divorce Mediation Work for You?
Even if you think that you and your soon-to-be ex-spouse could never agree on anything, when you consider the financial and emotional costs of a contested divorce, you might want to give divorce mediation a try. You are most likely to have a successful mediation experience if your decision to divorce was mutual, you and your spouse can control your tempers, you want to stay on good terms, and physical or drug abuse is not an issue in your relationship.
5. Should You Choose Divorce Court Over Mediation?
Divorce courts operate on the same basic rules used by the courts that deal with other disputes (like car accidents and property disputes). Unfortunately, these rules do not always work well in dealing with disputes that arise in the process of ending a marriage. Fortunately, there are other options, such as mediation and collaborative divorce. However, if your spouse is uncommunicative, unavailable, or has hired a combative lawyer, you may be better off in court.