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Resolving Your Marital or Family Law Dispute Through Mediation

Christy L. Hertz is a Florida Supreme Court Certified Marital and Family Law Mediation. If you and your spouse, former spouse, or other parent of your child are having difficulty reaching an agreement on how to resolve a family law issue, you may wish to utilize the services of experienced Miami family mediator Christy L. Hertz to mediate your family law dispute.

Typically, a conflict between the parties in a family law matter is handled through the adversarial process of litigation. Mediation is an alternative to litigation, where the parties can seek to resolve a dispute with the assistance of a neutral third party mediator. 

Benefits of Mediation

While both mediation and litigation are utilized where parties are unable to reach an agreement on their own, mediation differs in significant ways from litigation:

  • First, mediation, unlike court litigation, is confidential. The issues and matters discussed and resolved through mediation do not take place in a public courtroom, and the proceedings are not accessible through the public record. By law, generally, the mediation attorney is also bound by confidentiality.

  • Second, scheduling of mediation is not dependent upon a court calendar, but through the parties' private arrangements and the mediation attorney. Consequently, it provides a more convenient and more timely method of resolving a disputed issue for the parties.

  • Third, because mediation is not bound by the rules and laws that govern court procedures and legally mandated remedies, mediated agreements can be more creative than those imposed by a court. The purpose of mediation is to fashion an arrangement that the parties themselves want, rather than what a court may impose. Consequently, parties often tend to comply voluntarily with mediated remedies, minimizing the likelihood that the agreement will later have to be enforced by a court order.

  • Fourth, the mediator is not a judge. Rather than imposing a result or dictating it to the parties, the mediation attorney's job is to facilitate an agreement between the parties and to help them to negotiate a mutually satisfactory result among a broad range of possibilities. Whereas a judge controls the parties and the resolution of a dispute through the force of law, a mediator is specifically trained to provide neutral information and advice to the parties and to minimize the contention between them in order to enhance the ability of the parties to formulate a resolution that satisfies their competing interests.

  • Finally, because mediation does not involve the extended process of drafting and filing pleadings, setting court appearances, and so on, resolving a disagreement through mediation rather than litigation can save clients money on legal fees and costs.

As a general rule, mediation is a voluntary process between parties in a legal dispute, Florida family courts may refer contested issues to mediation under Rule 12.740 of the Florida Family Law Rules of Procedure. However, the parties are entitled to choose and agree upon their mediator, and they are able to be independently represented by counsel during the mediation. Unlike a court proceeding, each party has the option of discussing the dispute independently with the mediator or meeting with the opposing party, depending upon the situation and the parties'.

Florida family courts set a 75-day time limit upon when mediation must be concluded from the point the first mediation conference takes place. Once concluded, the parties must sign mediated agreements and submit to the court for final approval unless the parties agree to keep the agreement confidential. Mediated agreements become part of the final judgment or order in a family law case and are fully enforceable by the courts. If the parties are unable to reach a resolution through mediation, the parties may ultimately have to resort to litigation.

As a Certified Marital and Family Law Mediator and an experienced family law attorney, Christy L. Hertz is prepared and qualified to mediate the settlement of divorce, child support, time-sharing and parenting plan, paternity, equitable distribution, spousal support, and any other marital and family law matters on which you and your spouse or ex-spouse cannot reach an agreement. Her law office facilities provide an atmosphere in which you can confidently discuss the matter with her, trusting that she will not be partial to either party. Through the process of mediation, Ms. Hertz, as a mediation lawyer, can help you and your spouse, former spouse, and/or the other parent of your child reach a fair, equitable, and satisfactory resolution to your conflict in a way that does not tax your time, your finances, or your dignity.

If you are in need of a qualified Miami Marital and Family Law Mediator to help you resolve a family law dispute, contact the law offices of Hertz Sager, online through this website, or at 305.444.3323.

Client Reviews
"Christy Hertz helped me tremendously with co-parenting issues concerning my daughter. She was fair, listened to me and gave me great advice. She was honest with me, and I have great respect for her because of it. Ultimately, my daughter's father recognized what he needed to do for our daughter's wellbeing. Thanks to Christy, he became much more cooperative, and his cooperation will help in my daughter's development now and for years to come. I'd say she is worth every penny." K. D.
"Christy’s polished demeanor is professional and highly effective. She ALWAYS has a plan and it's ALWAYS the correct one. In representing me from the divorce consultation to the final agreement, her practical, point-blank approach is a well appreciated one. If you are looking for the best attorney to help you achieve the best possible outcome, SHE IS IT!" Sarah
"This is a great firm. Christy and her colleagues represented us through a four year, highly complicated case. We were well represented throughout the whole process. The firm is professional, knowledgable, experienced, and highly effective. These are thorough, hard working attorneys who are competent in every aspect. Christy is quick on her feet, a wealth of knowledge, and an excellent litigator. No games here. Clients first and exceptional service. Look no further." Rob
"Katie made me feel comfortable and confident. She follows through and is very patient to answer any questions you may have. If you're feeling nervous she assures you everything will be ok because she will be there with you every step of the way. Katie is very detailed and available at all times. I will eternally be grateful for how she took care of my case. Thank you Katie!!!!" Ely
"Katie, Helped me with my modification for child support. Being in the military it is very complexed dealing with pay and state laws but Katie guided me the whole way and made the process seem easy. I highly recommend Katie she is very knowledgeable and I felt I could trust her to look for my best interest. Thank you Katie for your help!" Anonymous