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What should I conduct myself during mediation?

Miami, FL |

Seven days to mediation with is a minor and a house . There is a custody battle , and we both want the house . Both went through a psychological evaluation , wife was Baker Acted in Florida due to an over dosage of sleeping pills . . Acting pro SE , I have requested three times the psychological evaluation of both and an updated financial affidavit . Was told that the doctor computer crashed . What should I do if I do not have these documents on mediation date ?

Attorney Answers 4


  1. Best answer

    You can try to reschedule the mediation to give yourself more time, but I wonder whether it will be worth it. The mediation is an attempt to get both sides to come to an agreement. The mediation is not the time to argue or to litigate issues. Besides, everything said and done in a mediation is confidential and can't be disclosed to outside parties. If you can't come to an agreement at mediation then these affidavits and records might be more necessary if you have to litigate before a judge.

    This is not to be considered legal advice nor does an attorney-client relationship exist.


  2. You and your child's future is at stake. This is not the time for you to play lawyer. See if you can borrow from relatives or whatever to get a lawyer. You need one immediately.


  3. You are entitled to have all Discovery documents before Mediation. While I do not think you will get the best result going to Mediation alone, I do think you should ask that Mediation be delayed until you have all the documents you need.

    This information is a general answer and is not specific to any particular case.


  4. Mediation is the process of both parties exercising the right to self-determination. If you go into the mediation with a good faith basis for resolving the issues and the parties cannot agree to timesharing and a parenting plan, then you will be at a standoff--or IMPASSE. The case will then proceed to the next step, with the Court determining the issues at trial, at some point. However, you have the right to have the evaluations and can tell the mediator about the Baker Act and not having the evaluations and why you think you should prevail. You may also ask for a Guardian Ad Litem to be appointed (if one has not) who will look at your child's best interests and report back to the Court.

    If you go to the link below, you will find the Miami Unified Family Court sytem site. You can also search for mediation and learn more. Please note that if your mediation is at the courthouse with a court appointed mediator, you will have 1.5 hours to mediate and come to an agreement. If not, you will be at impasse.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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