Brooke M Deratany Goldfarb's Answers

If my ex the custodial parent refuses to exccept the recomendation of a mediator .what will happen?

Typically, at least in the State of Florida, the mediator's place is not to make a recommendation. The mediator is only there to facilitate discussions, not to take sides or make anyone do anything that they don't want to do. The mediator cannot force an agreement. Whatever is said in mediation is supposed to be confidential and nothing done or said in mediation can be revealed or used against any of the parties in court as it is privileged information (with certain statutory exceptions--ask...

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Question about child custody & mediation!? PLEASE HELP!

This is a very personal issue. You did not feel safe being in the same room with the father of your children. You made the best decision at the time and so it was the right one for you. There is no right or wrong answer here. As a mediator, I like to have the couple in the same room, if possible. But if one person feels afraid, or will be intimidated by the other person or if the situation is too emotional, it is better to separate the couple and see them in what we call "caucus," which means...

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I hired an attorney to represent me & decided I don't want his services for mediation but do want him for arbitration.

In the State of Florida it is possible to not have your attorney attend the mediation with you and all that is needed is a statement to the court or mediator that you will be attending alone. However, you have 10 days to have your attorney approve or reject any agreement reached at mediation. Typically we do not have arbitration in Florida for family matters. You may "unhire" your attorney and then "rehire" your attorney at a later time if your attorney is willing. Ultimately, it makes sense to...

If we made an agreement in mediation can she take it back?

Once an agreement is signed, and any waiting periods for attorney signature/approval have passed, it is a binding agreement. The agreement can then only be changed by a signed amendment to the agreement by the parties or by the court setting aside the agreement. It is difficult to get an agreement set aside. The party seeking to have the agreement set aside in most instances must allege fraud, duress or similar cause. Depending on your circuit and the laws of your state, the judge is probably...