MEDIATION
Mediation is a voluntary and confidential process where an impartial and neutral professional assists people in reaching an agreement outside court. The Mediator does not make decisions or give orders. Rather, the Mediator works with the parties in a collaborative fashion to reach a settlement resolving all, or some of the issues. Attending mediation and signing an agreement saves times, money, and stress. Mediation can be conducted with or without attorneys, before a case is filed (pre-suit), or while the case is open pending (post-suit).
Ms. Zeitenberg offers Mediation in person or remotely on Zoom. Mediations can be booked for 2 hours, 4 hours, or a full day. Ms. Zeitenberg mediates cases for those with or without attorneys. Ms. Zeitenberg does not require pre-payment, minimum hours requirement, or charge for rescheduling or cancellation.
As a Mediator, Ms. Zeitenberg listens carefully to all sides, provides creative approaches to problem-solving, facilitates drafting and writing settlement agreements, with the main goal of helping all sides work towards a settlement of all issues.
For Individuals:
- Preparation of documents for Court
- Review of Settlement Agreements, Parenting Plans, Stipulations
For Attorneys:
- Second opinions on unique or novel legal situations, including case law research and analysis
- Assistance with drafting and review of Pleadings, Motions, Orders, Settlement Agreements, Parenting Plans Stipulations, and Final Judgments
- Trial preparation including writing Memorandums of Law
- Sitting second chair for trials
Ms. Zeitenberg assists both attorneys and individuals on an as-needed basis with their family and matrimonial matters. Ms. Zeitenberg’s education, experience, and perspective of being both in private practice and a judicial officer makes her uniquely qualified to assist attorneys of all skill levels in achieving effective advocacy for their clients.
CONSULTING
SPECIAL MAGISTRATE
With the backlog in the traditional court system for matters big and small, the use of a Special Magistrate is a beneficial tool for parties to use to expedite resolutions.
Special Magistrates are appointed under Fla. Fam. L. R. P. 12.492. Special Magistrates are appointed on a case-by-case basis by the Judge to hear a matter with the consent of both parties. A hearing before a Special Magistrate is generally conducted in the same manner as one before any court subject to the rules of procedure, rules of evidence, statutes, and appropriate case law. At the conclusion of the evidence, the Special Magistrate files a report containing findings of fact, conclusions of law, and recommendations, and serves copies of the report on the parties.
The role of a Special Magistrate is akin to a General Magistrate. As a former General Magistrate, Ms. Zeitenberg has extensive experience presiding over hearings and writing thorough reports, ensuring there are sufficient facts with explanations and analysis to support the findings. Ms. Zeitenberg enjoys bringing her prior experience as a magistrate to the private sector to provide parties with expeditious hearings with swift decisions.
Getting a final trial date before the circuit court judge can be months away. And the time allotted by the court may be insufficient for the parties to present their case. Voluntary Trial Resolution, also known as private judging, is a lesser-known alternative, which provides a more confidential and expeditious process.
Pursuant to Section 44.104, Florida Statutes, a private lawyer acts as a Private Judge by agreement of the parties. The Private Judge presides over the case and trial itself in the same manner as if a circuit court judge. By law, the Private Judge is permitted full access to all state courthouse resources, including courtrooms. Private Judges are precluded from deciding matters related to child custody, visitation, or child support. Voluntary Trial Resolution is ideal for parties getting divorced without minor children.
Voluntary Trial Resolution provides many advantages, including the ability to choose who will decide the dispute, adherence to the rules of procedure and evidence, increased and more timely access to the decision-maker, and a date certain for trial. Ms. Zeitenberg believes it is important to provide parties adequate time to present their case without feeling rushed. As a Private Judge, Ms. Zeitenberg ensures a fair and impartial hearing, carefully considers the testimony and evidence, and prepares and writes final judgments with necessary findings of facts.
PRIVATE JUDGE
GUARDIAN AD LITEM
The role of a Guardian ad Litem (GAL) is to advocate for the best interests of the children in a dissolution of marriage or paternity proceeding. The GAL is appointed by the court to “to act as next friend of the child, investigator or evaluator”. The perspective of the GAL is vital to the court to make a determination on the ultimate issues. The GAL does not make the final decision in any child custody or child visitation case, rather the GAL makes recommendations to the court when the court makes its decision.
Ms. Zeitenberg enjoys the role as a GAL, helping families understand the best interest of their children in fashioning a Parenting Plan and timesharing schedule. Ms. Zeitenberg strives to remain unbiased, impartial, and neutral in evaluating the family and bringing an honest recommendation on the best interest of the children in the courtroom. Ms. Zeitenberg maintains only a select number of cases at one time to provide each family with optimum attention.