The Role of Mediation in Disputing Healthcare Decisions for a Child Between Divorced Parents in Florida
Divorce can be a challenging and emotionally charged process, especially when it involves making critical decisions about a child’s healthcare. In Florida, the role mediation is crucial when resolving disputes between divorced parents regarding their child’s medical care. At The Law Office of William B. Bennett, we often use mediation as a tool within the framework of Florida law to address these sensitive issues.
The Role Of Mediation Can Help Define Parental Responsibility in Florida
In Florida, the concept of “parental responsibility” replaces traditional terms like “legal custody.” Parental responsibility refers to the authority to make significant decisions about a child’s life, including healthcare, education, and religious upbringing. Florida law generally presumes that both parents are fit to share parental responsibility, promoting joint decision-making to serve the child’s best interests.
The Role of Mediation
Mediation is a voluntary and confidential process where a neutral third party helps parents reach an agreement on disputed issues. In the context of healthcare decisions, mediation offers several benefits:
- Promotes Collaboration: Mediation encourages parents to work together to find mutually acceptable solutions, fostering a cooperative co-parenting relationship.
- Reduces Conflict: By providing a structured environment for discussion, mediation helps reduce the adversarial nature of disputes, minimizing stress for both parents and children.
- Cost-Effective: Mediation is often less expensive and time-consuming than litigation, making it an attractive option for resolving healthcare disputes.
Legal Framework for Mediation in Florida
Florida law supports the use of mediation in family law cases, including disputes over child healthcare decisions. According to Florida Statute Section 61.13, parents are encouraged to create a parenting plan that outlines how they will share parental responsibility and make decisions about their child’s healthcare. If parents cannot agree, the court may order mediation to help them reach a resolution.
Steps in the Mediation Process
- Initiation: Either parent can request mediation, or the court may order it if parents cannot agree on healthcare decisions.
- Selection of Mediator: Parents choose a mediator, or the court appoints one if they cannot agree.
- Mediation Sessions: During mediation sessions, the mediator facilitates discussions, helping parents identify their concerns and explore potential solutions.
- Agreement: If parents reach an agreement, the mediator drafts a written document outlining the terms, which both parents sign.
- Court Approval: The agreement is submitted to the court for approval, making it legally binding.
When Mediation Fails
While mediation is effective in many cases, it may not always result in an agreement. If mediation fails, the court can make a decision based on the child’s best interests. Factors considered include each parent’s ability to cooperate, the child’s needs, and any history of domestic violence or substance abuse.
Learn How a Florida Certified Mediator Can Help Successfully Resolve Your Conflicts
Mediation plays a vital role in resolving healthcare disputes between divorced parents in Florida. By promoting collaboration, reducing conflict, and providing a cost-effective alternative to litigation, mediation helps parents make decisions that prioritize their child’s well-being. Find out more about how the mediation process guides disputing parties toward equitable solutions. Call The Law Office of William B. Bennett at (727) 821-8000 or contact us online to learn more about this effective alternative dispute resolution method.
Tagged with: Child Custody, Child Support, Family Law, Mediation
Posted in: Divorce Mediation