One of the most frustrating experiences I have as a mediator is when the final resolution of equitable distribution comes down to a disagreement about the value of a home or other real property.  The reason this is so frustrating is that it is so simple to avoid.  If you own real property, ensure that you have the information needed to substantiate your value before the mediation.  The most authoritative basis would be an appraisal of the property.  This can be done for a few hundred dollars and is well worth the investment.  If the parties do not want to invest in this analysis, they may decide to obtain a comparative market analysis from a local real estate broker.  This can be particularly helpful if the parties anticipate selling the home.  Hopefully the parties can agree to the selection of a well respected professional, either appraiser or realtor, to conduct the review and use this number provided by an agreed upon neutral professional.  If the parties cannot agree, then they can agree to each select one and then have them choose a third to use.  Alternatively, each can have a professional for their own use during the mediation and then negotiate between the two numbers provided.  Most importantly, if one party comes with a legitimate number from a professional and the other comes with nothing but their opinion, the second will be at a sever disadvantage in the negotiations.  I would also remind you that this lack of information includes simply having an opinion from a website such as Zillow or Realtor.  While these sites offer some insight, they are certainly not nearly as authoritative nor as complete as a comprehensive study from a professional.

Florida has joined thirteen other states and the District of Columbia that have enacted a Collaborative Law Act and accompanying Family Law Rules of Procedure for Collaborative Law in Family Law cases.  The new law and rules went into effect July 1, 2017.  Many of us have been utilizing the Collaborative Process in Divorce, Paternity, Prenuptial Agreements and other areas of family law for many years, however, now it is governed by rules and regulations, making it more recognized and uniform.  The stated purpose of the act is to create a uniform system of practice to “encourage the peaceful resolution of disputes and the early settlement of pending litigation through voluntary settlement procedures” and to preserve the working relationship between parties to a dispute through a non-adversarial method that reduces the emotional financial toll of litigants”

The Collaborative Law Process begins when the parties enter into a collaborative law participation agreement.  If a legal case has already been filed with the Court, the case is put on hold until the collaborative process is concluded or terminated.  By entering into the process, the parties agree that the process shall be confidential and prevent disclosure of communications made during the process to any court should the process break down and litigation ensue.  In addition, the agreement must provide that, should the collaborative process terminate without an agreement all attorneys must withdraw from representation.  By eliminating the possibility that either attorney will assist the clients in any litigation, the attorneys are free to devote their full effort to achieving a settlement in an efficient and cooperative manner.

Collaborative Practice has been around for over twenty years and has successfully assisted many families to resolve their family law matters without the time, expense and stress of litigation.  The parties work with a team of trained professionals consisting of the individual attorneys representing each party, a Neutral Financial Professional and a Neutral Facilitator to resolve the issues of their divorce, paternity or other family law matter in a non-adversarial way.

The full text of the Florida Statute can be found here and the full text of the Florida Rules related to Collaborative Practice can be found here.  If you would like to learn more about how Collaborative Procedures could assist your family in resolving your matter, please contact our office at 941-228-8571.

Each year I am honored to provide the Florida Case Review for the 12th Judicial Circuit Family Court Professional Collaborative Annual Conference.  Please click 2016-marital-and-family-law-review-course-materials to see my case law review for the year (November 2015 – October 2016).  Enjoy.

As the year comes to an end there is one thing I always try to do and I want to recommend to you as well.  I take a few days near the end of every year to evaluate what has transpired over the past twelve months.  I consider what went right and what went wrong.  I actually put pen to paper and write down a list of the highs and the lows.

Then I examine the highs with gratitude.  I consider each one as a gift.  Some were given to me by others or the universe.  I am thankful for my beautiful daughter and the wonderful things she has accomplished throughout the year.  I am thankful for the others in my circle of family and friends and the joy that each has brought me.  And I am blessed to live in Florida where it never gets too cold and I can take a break to walk on the beach anytime I want.  These things I have been lucky to have in my life, provided by the universe.  I am also thankful for my clients and the opportunity that they have given me to help them through difficult situations.  They have trusted me to assist them as they go through a divorce, paternity or other legal matter.  Many lawyers find working in Family Law challenging because our clients are under a lot of stress and confusion.  But this is not the case in my practice.  Because I have chosen to help people in a non-litigated way through these complex transitions, I am able to help them avoid the stress and anxiety that too often accompanies divorce or other family law matters.

When I consider the “lows” of the past year, I try to look at the list with some gratitude as well.  Perhaps it is for the lessons I learned such as when I learned that I never wanted to represent a person in a litigated divorce after a year of lows for the anxiety that my clients and I felt.  This year one of my “lows” included needing surgery on my ankle and having three months of pain and recovery.  But then I must be grateful for the wonderful skills of my surgeon that could perform the operation and that I live in a time when we have the technological skills and equipment to allow this to happen.  Generally, I have to say, that this year the list of lows was pretty small.  Another blessing.

After making the list of last year, I begin to plan for the year to come.  I use the assessment of my highs and lows to reevaluate my practice to see if there are things I should change to make it bigger, better, stronger.  I consider how I can improve my health, relationships and spiritual connections.  I set goals (not resolutions, those don’t work) and plan some initial actions to begin the year in the right direction.  Again, I actually write these down.  And at the end of the year I can use this list to evaluate how I did over the past 12 months and where I have to put my attention to achieve my real goals.

I want to recommend this process to my clients, colleagues and friends.  In this hectic and overwhelming time that we live, it is important to take a bit of time for yourself to practice some gratitude and makes some plans.  I know that, particularly for my clients who are going through stressful times it may be difficult to think of what you are grateful for.  However, when times are tough it is even more important to take stock and find the things that are working right.

So, here is to an exceptional, outstanding and wonderful 2016.  May you all have many blessings to count this time next year.

It is that time of year again.  I have been invited to present the Annual Case Law Review for the 12th Judicial Circuit Family Court Professional Collaborative (FCPC) Fall Conference.  It is a great honor to present an update of the cases to my colleagues and the Judicial Professionals in the area each year.

I have attached a copy of the Case Law Review to this Blog Post.  (Click Here)

The FCPC Fall Conference is open to Lawyers, Financial Professionals, Mental Health Professionals and other professionals working in the Family Court System that qualify for membership in FCPC.  If you would like more information about the FCPC Conference please call the Law Office of Faith Lodder.