The large majority of family law cases never see the bright lights and excitement of a trial.
As of January 1, 2013, that provision no longer exists. The Florida Supreme Court has removed the 10 day provision from paragraph (f). This change could have serious implications on a family law party that does not show up to mediation prepared and informed. But alas, after reading this post you will not be such a party!
While the deletion of the 10 day provision seems, at first, to limit the ability of family law parties to obtain full review of a mediated agreement reached without their attorney present, that is not the case. All the deletion means is that you do not have the protection of an automatic 10 day period for objection. However, you can ensure that same protection by simply demanding that a review provision be included in your agreement before you sign it. By including language that gives your attorney a certain time period within which to review the agreement and object to any points of concern, you can ensure you have the same protection the paragraph (f) of Rule 12.740 previously provided. You can also refuse to sign any agreement that your attorney will not have the chance to review first.
Of course, you can always take the course of action that gives you the greatest protection–take counsel to your mediation so you can avoid unnecessary hiccups in the first place! If you have a mediation coming up and you don’t want to go it alone, contact the experienced family law attorneys at The Marks Law Firm to discuss your options.