Pros of Mediating Shared Parental Responsibility vs. Litigating Under Florida Law


by Attorney Mediator Beth Reineke

In the realm of family law, particularly in matters related to shared parental responsibility, couples often find themselves at a crossroads – should they choose mediation or opt for litigation? This decision holds significant implications for the well-being of all parties involved, especially the children. As an experienced family law attorney and Supreme Court Certified Florida Divorce Mediator with over 30 years in the field, I have witnessed firsthand the benefits of mediating shared parental responsibility versus litigating it under Florida law. In this article, I will explore the advantages of mediation and shed light on how it can serve as a more constructive approach for families navigating these complex situations.

The Foundation of Shared Parental Responsibility

Before delving into the pros of mediation and its comparison with litigation, it's essential to understand the concept of shared parental responsibility in the context of Florida law. Shared parental responsibility emphasizes the involvement of both parents in making major decisions for their children, such as those related to education, healthcare, and religious upbringing. It also encourages ongoing communication and cooperation between parents for the well-being of their children.

Mediation: A Collaborative Approach

  1. Preserving Relationships: Mediation fosters an environment of collaboration rather than confrontation. As a mediator, I have found that when parents are given the opportunity to communicate openly and work together to find solutions, the chances of maintaining a functional co-parenting relationship are significantly higher.
  2. Child-Centric Solutions: Mediation centers around the best interests of the children. During mediation sessions, parents can craft customized parenting plans that align with their unique family dynamics and the needs of their children. This level of personalization is often not possible in a courtroom setting.
  3. Cost-Effective: Litigation can quickly become financially burdensome due to attorney fees, court costs, and other related expenses. Mediation offers a more cost-effective alternative, allowing couples to allocate resources towards their children's well-being rather than protracted legal battles.
  4. Time-Efficient: Court proceedings can be time-consuming and lead to prolonged uncertainty for families. Mediation, on the other hand, can expedite the resolution process, providing parents and children with much-needed stability sooner.
  5. Confidentiality: Mediation sessions are private and confidential, allowing parents to address sensitive matters without the fear of public exposure. This can be particularly advantageous when discussing personal or potentially contentious topics.

Litigation: A Contested Path

  1. Adversarial Nature: Litigation inherently involves two opposing sides presenting their arguments to a judge. This adversarial approach can escalate tensions and hinder effective communication, which is crucial in shared parental responsibility cases.
  2. Limited Control: In litigation, the final decision rests with the judge. This lack of control over the outcome can lead to dissatisfaction and frustration for both parties, as well as potential impacts on the children's well-being.
  3. Emotional Toll: Courtroom battles can be emotionally draining for all involved, including the children. The stress and strain of litigation can further strain already fragile relationships.
  4. Public Record: Court proceedings are a matter of public record, which means personal and sensitive information discussed in the courtroom can become accessible to the public. This lack of privacy can be uncomfortable for families seeking to maintain their personal matters confidential.

The Mediation Advantage

Mediating shared parental responsibility provides families with a collaborative and child-centric approach that addresses their unique needs and concerns. As a litigation attorney and now as a mediator, I've witnessed how mediation empowers parents to actively participate in shaping their children's future and allows them to reach solutions that are more likely to endure the test of time. While litigation might be necessary in certain cases, it's crucial for couples to consider the benefits of mediation before embarking on a potentially contentious legal journey.

In conclusion, the decision between mediating shared parental responsibility and litigating it under Florida law can have far-reaching consequences for families. As an experienced mediator, I encourage couples to explore the mediation option as a means to foster cooperation, preserve relationships, and prioritize the best interests of their children. By doing so, parents can lay the groundwork for a harmonious co-parenting journey even after the legal matters are resolved.

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