Expert Mediation Puts You in Control of Your Future
Create An Agreement, Not a Court Battle.
Move Toward Peace with Confidence.
Call today to book a Strategy Session.
(850) 273-8698
The Value of Mediation
Mediation saves time by forgoing the lengthy court battle that includes discovery, depositions, and interrogatories, court meetings, and trial. A typical Mediation process includes just three meetings and you have a legal agreement
Mediation is much less expensive than going to trial. For the cost of a just the retainer with a divorce attorney, you can have your case settled in Mediation. We use a flat fee model so the parties pay one price instead of an hourly rate that keeps adding up.
Mediation reduces risk and uncertainty because you create the legal agreement with the other party, knowing everything about your life situation. You have ownership over the outcome of your issue, not a judge deciding the outcome for you.
Mediation helps a couple transition to co-parents peacefully, and doesn’t pit one parent against the other, leading to a better experience for the children. They see their parents working together which is a powerful experience.
Mediation can help you transition your relationship without fighting in court, whether it’s a divorce transforming a couple into co-parents, or a long-term business relationship settling a dispute.
Mediation gives you peace of mind by discovering everyone’s unmet needs and guiding the parties through the difficult conversation to get to an agreement everyone can live with.
The Mediation Process
Schedule an Appointment
You schedule a Strategy Session at (850) 273-8698 to talk about your conflict. We walk you through your options and let you know how we can help you get your conflict resolved.
Pre-Mediation
The Mediator will meet with you one-on-one, then separately with the other party, by video call so that you can say everything you need to and talk freely about the issues and what you want to happen. The Mediator will answer your questions, help you prepare, and be ready to speak to the other party.
Mediation
The Mediator will meet you and the other party together by video call where each of you will have a chance to talk about the conflict and how you’d like the issues resolved. The Mediator will create an agenda so nothing is missed and will help you and the other party hear each other. You’ll get to take breaks and have time to think about the proposals and co-create an agreement you both can live with.
Mutual Agreement
Once an agreement is reached, the Mediator will write up the legal agreement and go over it once with you and the other party. The agreement will explain who will do what by when, and what happens if it’s not honored, so there’s clarity on all sides. Some types of agreements (such as Divorce Mediations) may then be filed with the court.
Post- Mediation
Because we are committed to providing our clients the ultimate conflict resolution experience, the Mediator will follow up with both parties each in a final one-on-one. We want to ensure each side feels complete in the agreement and that they are moving forward with confidence and joy.
Testimonials
"If there is a portrait of patience, compassion, intelligence, ingenuity and integrity, it is Kelly McGrath as a mediator. My near-interminable mediated divorce would have tested the patience of Job. She never lost her cool. Not once. In my experience, the worst thing a divorcing couple can do is hire a couple of combative divorce lawyers who bask in the adversarial process—causing irreparable spiritual and familial pain and harm.
Kelly is able to hover above the pettiness and suffering, having the strength of character to acknowledge it without being sucked into it. She comes from a place of compassion and empathy and stays in the solution, not the problem (where the money is!). Divorce may well bring out the worst in many of us. We can become manipulative, deceptive and even cruel in our anger and pain. Kelly mollified all that by acknowledging the pain and anger and lingering with each of us in it just long enough to get to constructive problem-solving. She guided us through the process, despite my resistance and orneriness.
Based on my experience with Kelly, it is my belief that Mediation, especially in divorce, is the only way to go. But there are mediators and there are mediators. Anyone who knows Kelly, knows she is a positive force in the Universe and one of the Good Ones. Divorce sucks. No matter how you slice it. But, thanks to Kelly, I believe my ex, my kids and I have been able to get past the shock and disappointment of it all more quickly than if we had not worked with her. I count my blessings that Kelly McGrath appeared in my life when she was most needed. Thank you, Kelly."
- B.C., Mediation Participant
“After years of emotional separation from my husband, I chose to finally move out of my home and finalize our divorce. This was a step long avoided because of the upheaval and hurt I feared it would cause. In spite of our many differences, however, my husband and I were both deeply committed to our children's welfare. We both wanted to avoid the hateful, revenge-seeking behaviors that often go along with divorce to minimize damage to our children and to improve our chances of successfully co-parenting for the long-term.
We turned to Kelly to help us mediate the property settlement and child custody agreement and the experience was absolutely excellent. Kelly kept us focused on the future and what we wanted for our children and ourselves going forward, rather than allowing us to devolve into finger-pointing and accusations of the past.
Perhaps the most important thing is that Kelly was not on either side, as divorce attorneys are, but truly, simply, mediated the conversation between us so that we could express our fears, our needs, and even our demands, calmly. The result was that we could find our way to an agreement that we believe is best for our family - which we will always be, in spite of a divorce. This is not to say that there were never tears or angry words throughout the process, but Kelly's calm yet firm command of the situation and her keen awareness of when we should be working together and when we should be working separately, were priceless and absolutely key to our success.
A friend and counselor once told me that the ability to work through a divorce as amicably as possible is key to the long-term welfare of the children involved because, 'if you didn’t learn to work out your differences as a married couple that was supposed to love each other, imagine how hard it's going to be as a divorced couple!' Truer words were never spoke and I would encourage any couple facing a divorce to work with Kelly because the benefits of a compassionately and collaboratively constructed agreement will benefit your family forever.”
- R.C., Mediation Participant
“Kelly’s vast knowledge of mediation practices in combination with her deep compassion, wisdom and intellect offered a unique healing experience for me during a very difficult time. She was able to make me feel safe and heard. She helped me communicate my feelings in a way that ended up being connecting and ultimately healing. I experienced a dramatic shift from feeling charged with emotional turmoil because of the conflict to at peace with it in only a handful of visits. Kelly really stands out as one of our community’s best conflict resolution professionals around.”
- A.H., RJ Participant
How Does Mediation Benefit You?
The American Bar Association reports that Mediation participants have higher rates of satisfaction than people who have gone to court. Here’s what they’re reporting as some of the reasons why:
You get to decide: The responsibility and authority for coming to an agreement remain with the people who have the conflict. The dispute is viewed as a problem to be solved. The mediator doesn’t make the decisions, and you don’t need to “take your chances” in the courtroom. Many individuals prefer making their own choices when there are complex tradeoffs, rather than giving that power to a judge. You need to understand your legal rights so that you can make decisions that are in your own best interests.
The focus is on needs and interests: Mediation examines the underlying causes of the problem and looks at what solutions best suit your unique needs and satisfy your interests.
For a continuing relationship: Neighbors, divorcing parents, supervisors and their employees, business partners, and family members have to continue to deal with each other cooperatively. Going to court can divide people and increase hostility. Mediation looks to the future. It helps end the problem, not the relationship.
Mediation deals with feelings: Each person is encouraged to tell his own story in his own way. Acknowledging emotions promotes movement towards settlement. Discussing both legal and personal issues can help you develop a new understanding of yourself and the other person.
Higher satisfaction: Participants in mediation report higher satisfaction rates than people who go to court. Because of their active involvement, they have a higher commitment to upholding the settlement than people who have a judge decide for them. Mediations end in agreement 70 to 80% of the time and have high rates of compliance.
Informality: Mediation can be a less intimidating process than going to court. Since there are no strict rules of procedure, this flexibility allows the people involved to find the best path to agreement. Mediation can deal with multiple parties and a variety of issues at one time. In family mediation, for example, two children, Mom, Dad and Grandma might be involved. They may need to talk about chores, school performance, curfew, allowances, discipline, and the use of the kitchen.
Faster than going to court: Years may pass before a case comes to trial, while a mediated agreement may be obtained in a couple of hours or in sessions over a few weeks.
Lower cost: The court process is expensive, and costs can exceed benefits. It may be more important to apply that money to solving the problem, to repairing damages, or to paying someone back. Mediation services are available at low cost for some types of cases. If you can’t agree, other legal options are still possible. Even a partial settlement can lessen later litigation fees.
Privacy: Unlike most court cases, which are matters of public record, most mediations are confidential.
Read More
We know Mediation is the best option for resolving your conflict – so why do people choose litigation? Often our anger, disappointment, and feelings of powerlessness over the situation lead us to want our day in court. But that process is more costly than most people realize.
Going to trial involves hiring an attorney which means a large down payment retainer and an hourly rate that just keeps adding up as they go through the process of discovery, taking depositions, reviewing documents, and meetings with the court – all of this happening before the actual trial.
It’s all so nerve-wracking, not knowing how much this is actually going to cost and what the outcome will be. Maybe the judge will side with you, maybe not. You have no control about how this all plays out – leading to stress and sleepless nights for you.
The cost of not Mediating
- The biggest losers are the children when you divorce in court. Children are caught in the middle when parents become legal adversaries. You know what your need to move forward and most divorces don’t need a judge to handle the details.
- You have no certainty about the outcome and the judge makes all of the decisions not knowing anything about your life or situation. By creating the agreement yourselves, you are in control of your future.
- The cost of going to court is much more expensive than Mediation, sometimes by a factor of 10x or more. For the cost of just the retainer for an attorney going to court you could have your conflict resolved through Mediation. We charge a flat fee so you always know what it’ll cost.
- Going to court with someone you’ve had a long-time relationship with, such as a business vendor or employee, destroys the relationship. With Mediation, you can resolve your conflict and repair the harm and start working together again with an agreement you create together.
- Going to court hurts your emotional wellbeing. The constant fight, the uncertainty, the risk you won’t prevail on some of the issues, the mounting attorney fees all leads to sleepless nights and constant stress. Mediation is generally over in three meetings and the focus is looking forward together to create an agreement that works for both of you.
- A court battle can take months or even years to get a final resolution. Discover, depositions, pre-trail meetings, all have to take place before the actual trial. And most cases settle after all that – which is why Mediation works so well – we start from a place of looking at what a good agreement could be for the parties.
Frequently Asked Questions
What is Mediation?
Mediation is a process for assisted communication, negotiation, and problem solving between the parties to a conflict. The Mediator is trained in communication skills and can help you prepare for and guide you through the most challenging conversations of your life.
In a Divorce Mediation the outcome usually results in a Marital Settlement Agreement which details the future plans for property division, finances, and care for the children.
In general, Mediation is often faster, cheaper, simpler, and more private than other options. You are in charge of the outcome in Mediation, not a judge who knows nothing about your situation. Mediation is often the best option for people who need to maintain a relationship, such as co-parents, business partners, and siblings.
What is Divorce Mediation going to cost me?
We use a flat fee pricing model, so you know exactly what you’re going to pay for our services. We believe in clarity and certainty. Divorce Mediation services generally fall into these flat fee categories but may be more depending on the complexity:
STRATEGY SESSION - $1000
In the Strategy Session, the Mediator will help you understand your options and next steps.
- Assess whether Divorce Mediation, Divorce Mediation with Representation, Collborative Divorce, or Litigation is best for you
- Provide Clarity on issues such as Property Division, Finances, and Care of the Children
- Includes a detailed "Getting Ready for Divorce Guide"
- Should you upgrade to either the Silver or Gold Package, the Strategy Session fee will be applied toward the Mediation Package you choose.
SILVER PACKAGE - $2,500 per person
This is the basic Mediation package most couples use to create the divorce agreement, called the Marital Settlement Agreement, which is filed with the Petition for Dissolution of Marriage.
- Includes everything from the Strategy Session, plus...
- A 90-minute one-on-one pre-mediation meeting between you and the Mediator
- A 90-minute one-on-one pre-mediation meeting between your spouse and the Mediator
- A single Mediation up to 6-hours (if needed) where you create your agreement with your spouse
- The Mediator will write up the official agreement, fully prepared for attachment to the Petition for Dissolution of Marriage
GOLD PACKAGE - $3,000 per person.
This is the go-to Mediation package if you want help getting all of the divorce paperwork completed and ready to be filed, including the Marital Settlement Agreement and the Petition for Dissolution.
- Includes everything from the Silver Package, plus...
- The Mediator will work with you and your spouse to complete each document that makes up the Petition for Dissolution of Mariage
- You will have everything you need to file and complete your divorce
How does the cost compare to traditional divorce?
Lawyers.com states that the average attorney-led divorce can cost each party over $11,000 for a simple divorce. Going to court for your divorce can be over four times as expensive as Mediation and more costly as far as time and emotional energy as well.
Mediation is the least costly and you have professional guidance through the hardest part – talking with your spouse to work out the agreement. The value of Mediation over a court battle includes the time you save Mediating rather than preparing for and going to court, the certainty you have over the outcome and creating the agreement yourself, the relationship that can be transformed to co-parents instead of being legal combatants, the emotional wellbeing of the children by parents working together to create an agreement instead of fighting each other, and the stress you don’t have to suffer by going through with court.
If you need a less expensive alternative, we can refer you to other Mediators who may charge less. However, most Mediators don’t practice the way we do. They don’t have one-on-one sessions prior to Mediation and don’t have the extensive experience in Trauma-Informed Care, Appreciative Inquiry, Nonviolent Communication, The Empowerment Dynamic, The Four Agreements, Restorative Justice, Collaborative Awareness, and other communication and mindset strategies to help you feel fully prepared and guide you and your spouse through the hardest part of the process – the challenging conversation about property, finances, and the children.
We are constantly training and learning so that we can give you the best start to your new life. We know you will look back on this experience of Mediating with our support and be proud of yourself and with the agreement you created.
Can the Mediator give legal advice?
No, the Mediator cannot provide legal advice. The Mediator is a neutral third party whose role is to prepare you for and facilitate a dialogue between you and the other party so you can create an agreement together and stay out of court.
If you feel you need your own attorney, Kelly is trained in Collaborative Divorce, a process where each party has their own attorney and a financial professional to help them create an agreement together out of court. The process is more expensive than Mediation, and the attorney and other professionals charge hourly rates.
Don’t I need an attorney to get a divorce?
We honor attorneys who protect and fight for people’s rights. They are needed in many divorce cases. However, most of our clients can handle the divorce themselves without an attorney.
There are some cases where we will advise you to seek legal counsel – including when you think your spouse is hiding assets, or when you need legal protection against spousal harm, or when your spouse has substance abuse or other issues which may impact child custody.
We complete a thorough review of your situation and make a recommendation if we think you need to hire an attorney to help you.
You can go to Mediation with an attorney by your side. We’ve held many Mediations where both clients had an attorney at the Mediation and appreciate the legal guidance, they provide their clients. Your case would be more expensive than just going to Mediation without an attorney, but still far less expensive than going to court.
Can my children come to the Divorce Mediation?
No, the Mediation is only for the you and your spouse. However, if your child is a teenager, you may want to speak to them about their wishes regarding the parenting plan.
Do they want to stay primarily with one of you or are they fine with living in both homes equally? Judges give weight to teenager’s opinions in custody cases so listening to yours now will help the whole family’s transition easier. We will go over issues related to the children at our one-on-one session and again in the Mediation.
How can we Mediate when my spouse and I don’t get along?
Divorce is hard and emotions run hot. We know this!
Helping the parties talk through the issue is our expertise. We know how to navigate the tender spots and help you keep talking. We thoroughly prepare you for the Mediation through a 90-minute one-on-one session with you and the Mediator. We discuss the trauma you’re under, some ways to cope with your feelings, the values and strengths you bring, your communication skills, and ways to get into a forward-looking mindset.
You’ll be prepared for talking about your property division, finances, and the children. You come out of that one-on-one session with more confidence so you can handle this challenging conversation.
At the Mediation we are there to guide the conversation and help you speak to your spouse so you can move through the issues. We are experts in helping parties move out of judgement and evaluative language to productive conversation.
It’s what we do as Mediators that makes Mediation such a powerful transformative process as opposed to a court battle. You can actually feel like you were heard by your spouse and you become co-parents instead of just exes.
What Other Types of Conflicts Do You Handle at Kelly McGrath Mediation?
Here are some of the other conflicts you may encounter that we can help you resolve without resorting to a court battle.
We offer a flat fee model and most of these cases generally begin at $5,000 flat fee but can vary depending on the complexity and number of participants.
ELDER LAW ISSUES – We help fighting siblings create an an agreement regarding the care of a parent, guardianship, probate of a will, or property and financial issues. Often these issues tear families apart permanently. But it doesn’t have to be that way. We can work with your family to help you talk to each other and get to an agreement that works. You can save your familial relationships and grow stronger together by using Mediation to handle family issues.
BUSINESS or CONTRACT DISPUTES – Conflicts within a business can halt operations, destroy morale among the employees, or cause the end of a good relationship with a client or contractor.
These include employee/management conflicts, vendor/contractor disputes, disagreements between business partners, or disputes over contract terms. Most of these conflicts are perfect for Mediation and can get you and the other party talking and creating an agreement that works for both of you.
HOMEOWNER’S ASSOCIATION CONFLICTS – When you have a dispute with your HOA, or between neighbors, it can feel overwhelming. A drawn out court battle with an uncertain outcome isn’t the way to go. This is your home, and you want to live there in peace after this conflict is over. Mediation is the perfect way to resolve your issue and come to an agreement that works while repairing the relationships with neighbors.
AGREEMENTS AFTER SERIOUS HARM –Cases where one party was hurt (intentionally or unintentionally) by another party can be handled out of court if both parties are committed to making things as right as possible.
Talking directly to the person who harmed you or to the person you harmed can be scary. With the right preparation and guidance, you can talk about the event, the impact, and how to make things as right as possible.
The term used for this type of meetings is called Restorative Justice. This process is perfect for medical malpractice, DUI with bodily harm, manslaughter, and other cases where someone was badly injured. Restorative Justice can be used in conjunction with a trial or outside of the court system.
How can you Mediate all over the country when you’re in Florida?
Only a handful of certain types of conflict (such as employer/employee conflicts in New York, or homeowner’s insurance conflicts in Florida) require Mediators to be licensed in that state and we know which ones those are. We handle divorce Mediation all over the U.S. as well as serious harm cases and other types of Mediations nationwide.
We Mediate using Zoom video conference platform which gives you the convenience of taking part in the Mediation without even leaving your home. We will work with you to test the technology and make sure everything is working and you understand how to get onto Zoom ahead of the Mediation – it’s easy, we promise.