Dr. Wendy Coughlin combines her mental health expertise with her training as a Collaborative Family Law Facilitator to create an effective, transparent mediation practice.
Mediation Formats in Florida
Worldwide and throughout many states in the U.S., mediation occurs with all parties and their attorneys in one room, with the mediator facilitating resolution. However, in most parts of Florida, mediation occurs with the parties in separate rooms, and the mediator carries offers back and forth.
Dr. Coughlin finds that having everyone sitting around the conference table sharing ideas and alternatives is more practical and efficient. While she will use the separate room format if requested, she recommends the single-room format whenever possible.
Caucusing
There will always be times when a party needs to consult privately with their attorney — that’s what caucusing is for. During the mediation process, individuals may caucus with their attorneys whenever necessary.
On occasion, Dr. Coughlin may also request caucusing to speak privately with each person. This may involve:
- Exploring options
- Providing information about child development (if children are involved)
- Offering a time-out to settle emotions
- Suggesting that issues be tabled if resolution isn’t likely
Agreements
As a mental health expert, Dr. Coughlin does not draft legal agreements. When mediation results in settlement, one attorney will write up the agreement for both Dr. Coughlin and the other attorney to review and sign. Signing the agreement marks the conclusion of the mediation.
Confidentiality
Mediation is a confidential process. Whatever happens in mediation stays in mediation if no agreement is reached. This confidentiality allows everyone to propose options freely, even ones they might not be able to support later in litigation.
In this safe environment:
- All ideas are welcome
- Creativity is encouraged
- One idea can spark another
- Resolutions are more likely to last because both parties actively contributed
Why Mediation Matters
Conflict breeds conflict. When a mutually acceptable agreement cannot be reached, people “lawyer up,” harden their positions, and lose flexibility. Agreements that were once possible at the mediation table become unreachable if litigation escalates.
This war-like process drags things out, increases stress, and drives up costs. Dr. Coughlin is committed to helping individuals find solutions and reach agreements during mediation.
A Message from Dr. Coughlin:
“Conflict begets conflict but collaboration builds lasting solutions.”