Tag Archive for: mediation

Preparing for the legal, financial, and emotional realities of Divorce in Florida

Divorce is rarely a simple event, instead it is frequently a process with multiple twists and turns. In Florida, where equitable distribution and time-sharing statutes govern many outcomes, preparation is one of the best predictors of a fair, calm and efficient resolution. Whether you anticipate mediation, collaborative law, or believe litigation is necessary, taking practical steps before filing can protect your rights, clarify your priorities, and reduce unnecessary conflict. In this blog post, I will review some concepts to consider as you review your options regarding separation and divorce.

Understand Your Legal Framework

Florida is a no-fault divorce state, meaning that either spouse can seek dissolution on the grounds that the marriage is “irretrievably broken.” However, equitable distribution under Florida Statute § 61.075 and time-sharing arrangements under § 61.13 still require evidence and preparation. Before taking action, consider consulting with a Florida Family Law attorney and review with them what you may need to do. You can also consider some of the following concepts as you go through the process:

  • Review whether you meet the six-month residency requirement for filing.
  • Consult with a Florida family law attorney to understand options such as mediation, collaborative divorce, or traditional litigation.
  • Familiarize yourself with mandatory disclosure rules, including financial affidavits and discovery deadlines.
  • For additional information, you can review the Florida Bar Family Law Handbook at Florida Bar Family Law Handbook. You can also review Florida family law forms, including petitions, financial affidavits, and parenting plans, directly from the Florida Supreme Court at Florida Supreme Court – Family Law Forms.

Consider Collaborative Divorce

Collaborative divorce offers an alternative to courtroom litigation, focusing on resolution rather than confrontation. Under Florida’s Collaborative Law Process Act (Fla. Stat. §§ 61.55–61.58), both spouses commit to resolving their disputes respectfully and privately, with the help of trained professionals.

Key features include:

  • Each spouse retains a collaboratively trained attorney, and the parties jointly engage neutral professionals, such as a financial specialist and a mental health facilitator, to help guide discussions.
  • All participants sign a participation agreement, committing to full transparency and agreeing that if the process fails, both attorneys must withdraw before litigation begins.
  • This approach encourages open communication, minimizes hostility, and protects children from the adversarial nature of court proceedings.
  • For many Florida families, collaborative divorce blends the problem solving structure of mediation with the supportive framework of a multidisciplinary team, offering a path to closure that is both dignified and durable.

Gather and Organize Financial Information

Financial clarity is the backbone of every divorce case. Florida’s equitable distribution model divides marital assets and debts fairly, but not necessarily equally, based on documentation.

Concepts to Consider:

  • Two years of tax returns (federal and state)
  • Pay stubs, W-2s, or 1099s for both spouses
  • Bank, credit card, and investment statements
  • Retirement accounts, pensions, and life insurance policies
  • Mortgage documents, property appraisals, and titles
  • Business ownership records if self-employed or an entrepreneur
  • Household budget: current monthly income, expenses, and anticipated changes
  • Organizing these materials early reduces discovery disputes and provides for informed negotiation in mediation, collaborative sessions, or court.

Inventory Marital and Non-Marital Property

Under Florida law, property acquired during the marriage is typically marital, subject to division, unless proven otherwise. As you review the potential property, consider the following:

  • Real estate (homes, rental properties, land)
  • Vehicles, boats, or recreational assets
  • Jewelry, art, and collectibles
  • Inheritances or pre-marital assets (with documentation of ownership)
  • Keep copies of deeds, purchase receipts, and any prenuptial or postnuptial agreements that may affect ownership rights.

Parenting and Time-Sharing Plans

If children are involved, Florida courts require a Parenting Plan that details time-sharing, parental responsibilities, and communication. Before entering negotiations, it may be helpful to consider:

  • Outline a proposed schedule that considers school, extracurriculars, and holidays.
  • Document your role in daily care, education, and medical decisions.
  • Keep communication child-focused. Courts evaluate what is in the best interests of the child, not parental convenience.
  • Mediation and collaborative processes are often the best forums to craft cooperative parenting plans, reducing future litigation and emotional strain.

Safeguard Digital and Personal Privacy

In the digital era, your online presence can unintentionally affect your case. As you consider divorce, some items to review include:

  • Changing passwords and enabling two-factor authentication.
  • Review social media posts and set accounts to private.
  • Create a new email address for legal and financial correspondence.
  • Safely store digital copies of all relevant documents (encrypted or password-protected).

Address Immediate Financial and Living Arrangements

  • Determine how you will manage day-to-day logistics while the divorce is pending:
  • Open an individual bank account for your income.
  • Plan for temporary housing or shared-home arrangements.
  • Discuss temporary child support or spousal support with your attorney.
  • Avoid major financial moves (selling property, transferring assets) without legal guidance—these actions may be scrutinized under Florida’s automatic financial disclosure rules.

Build Your Support System

Divorce is both legal and emotional. There will be great days and tough days. It is helpful to have folks that understand you and can be there in a supportive manner. Consider assembling a personal and professional support team:

  • Attorney for legal guidance
  • Financial planner or CPA for tax and post-divorce planning
  • Therapist or counselor for emotional resilience
  • Trusted family or friends for practical support

Many clients find that early mediation or a collaborative process fosters a calmer, more constructive environment than adversarial proceedings, especially when guided by clear preparation and realistic expectations.

Plan for Life After Divorce

Preparation should not end when the judgment is entered or when the agreement is signed. If there are shared responsibilities, you may continue to have your ex-spouse in your life in one way or another for many years to come. It is helpful after the divorce to consider the following:

  • Update estate planning documents (this may include a will, power of attorney, healthcare surrogate, among others).
  • Review insurance beneficiaries and retirement accounts.
  • Establish a post-divorce budget that reflects new living expenses and financial goals.
  • Consider attending post-divorce mediation to address future parenting or support adjustments collaboratively.

Conclusion

A well-prepared client is an empowered client. By following a structured pre-divorce review of potential issues and concepts, and considering collaborative approaches, you reduce uncertainty, save time and legal costs, and preserve emotional bandwidth for what matters most: your future and your family. At Endeavor Mediation, we can help clients navigate these tough experiences in mediation with professionalism, neutrality, and compassion during efforts towards resolution.

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The Success of Mediation in Florida Litigation

Florida has long been recognized as a leader in alternative dispute resolution, and mediation stands at the center of that success story. In a legal environment often defined by crowded court dockets, rising litigation costs, and the emotional toll of conflict, mediation offers a path forward that emphasizes resolution, efficiency, and control.

Why Mediation Works in Florida

Florida courts encourage mediation at nearly every stage of litigation. Under Florida Statutes Chapter 44, mediation is defined as a “process whereby a neutral third person, called a mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties.” Unlike trial or arbitration, mediation does not impose a binding decision; instead, it allows the parties themselves to craft solutions that meet their needs.

The success of mediation in Florida can be attributed to several key factors:

  • Judicial Support: Courts across the state routinely refer cases to mediation, from personal injury claims to family law disputes. In some counties, mediation is mandatory before trial.
  • Cost and Time Savings: Mediation avoids prolonged litigation and reduces attorney’s fees, court costs, and expert expenses.
  • Confidentiality: Florida’s Mediation Confidentiality and Privilege Act (§44.405, Fla. Stat.) protects what is said in mediation, encouraging open dialogue without fear of later use in court.
  • Control and Creativity: Mediation empowers parties to design outcomes that a court could not order—for example, structured payments, apologies, or creative business solutions.

Measurable Success in Practice

The statistics speak for themselves. According to the Florida Dispute Resolution Center, thousands of cases settle every year in mediation, with settlement rates often exceeding 70% in civil litigation. In family law, where emotions run high, mediation frequently results in agreements that not only settle the case but also preserve future relationships. A personal injury case, for example, may settle at mediation with both monetary compensation and agreement on structured medical care, providing peace of mind for all involved. In commercial litigation, mediation often bridges the gap between ongoing business relationships, preserving partnerships that would otherwise collapse in court. Recent statutory changes have also increased the importance of mediation. For example, Florida’s 2023 tort reform legislation (House Bill 837) altered attorney fee structures and insurance litigation strategies, pushing more disputes toward early resolution. With new limits on certain damages and the shortened statute of limitations, mediation has become an even more attractive option for litigants seeking certainty in an evolving legal landscape.

The Human Side of Mediation

Beyond numbers and statutes, mediation’s greatest success lies in its human impact. Unlike litigation, which is adversarial by design, mediation fosters communication and understanding. Clients leave with more than just a signed agreement—they leave with dignity, closure, and often, relief. For lawyers, mediation offers an opportunity to advocate for their clients in a less adversarial, more collaborative forum. For judges, it helps manage crowded dockets while delivering justice more efficiently. For parties, it provides a voice, a choice, and often, a faster resolution.

Florida as a National Leader in ADR

Florida was one of the first states to implement a statewide court-connected mediation program, and it remains a national model. With certified mediators trained under the Florida Supreme Court’s rigorous standards, parties can trust the neutrality, professionalism, and skill of those guiding their disputes. As litigation becomes increasingly complex and costly, mediation continues to stand out as one of the most effective tools in the Florida justice system. It succeeds not only in resolving cases but also in restoring peace, preserving relationships, and reducing the emotional and financial burdens of conflict. Mediation’s success in Florida litigation is undeniable. By combining judicial support, strong statutory protections, and a human-centered approach, mediation delivers results where litigation often falls short. Whether in personal injury, commercial disputes, or family law, mediation represents not just an alternative to litigation—it represents a better way forward.

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Navigating High Conflict: Tools and Insights for Tough Interactions

High-conflict situations—whether in relationships, the workplace, or society at large—can feel like emotional minefields. This experience is increasingly common: maybe you’re navigating a difficult divorce, co-parenting with an ex, managing workplace disputes, trying to stay connected to estranged family, or stuck in a romantic relationship that feels more explosive than supportive.

The good news? You’re not alone—and a growing body of research is shedding light on how high conflict develops and, more importantly, how we can move through it.

In High Conflict: Why We Get Trapped and How We Get Out, journalist Amanda Ripley explores how ordinary disagreements can escalate into all-consuming battles. She explains that high conflict often arises when identity, fear, and certainty override curiosity and connection. “High conflict is what happens when the normal rules of engagement break down—and emotion takes over,” she writes. Ripley encourages us to resist polarization and instead engage with humility and inquiry—tools that help de-escalate even the most entrenched disputes. As she puts it, “Curiosity is a powerful antidote to high conflict.” The book provides real world examples of high conflict and is an overview of this type of conflict as it operates in our broader society.

Organizations—including governments, universities, workplaces and more—are also recognizing that high conflict isn’t just disruptive; it’s costly. Over time, conflict within teams that does not get resolved can lead to loss of valuable talent, reduce employee morale and cost companies significantly in terms of lost productivity and profits. But organizations can do something about this. Carnegie Mellon University, for example, offers an online resource through its Student Affairs division that defines high conflict and provides tools for managing it: CMU Student Affairs – Civility – High Conflict. By educating students early, they aim to prevent conflicts from escalating beyond repair. Other organizations, including private companies, are increasingly reaching out to professionals that can train their employees on how to recognize and resolve these types of conflict and promote the valuable team work that is the hallmark of every successful organization.

For those in intimate partnerships, Help for High-Conflict Couples by Jacqueline Wielick and Jenny Estes Powell offers a compassionate and practical guide. The authors provide strategies to interrupt cycles of blame and defensiveness, instead emphasizing empathy, validation, and boundary-setting: “Even in the most reactive relationships, small changes in how we respond can create space for healing.” Their book includes exercises and techniques to help couples break free from painful dynamics. Additional tools are available at their website and and on their YouTube channel.

No discussion of high conflict would be complete without Bill Eddy, a therapist, lawyer, and co-founder of the High Conflict Institute alongside Megan Hunter. Eddy has written extensively on managing high-conflict personalities, and has a plethora of excellent books on dealing with this subject. A great book to start with is BIFF: Quick Responses to High-Conflict People. It offers a simple but powerful framework for communication. “BIFF” stands for Brief, Informative, Friendly, and Firm—a method that helps keep your message clear and reduces emotional escalation. Whether you’re responding to a hostile text or navigating co-parenting emails, BIFF can help you stay grounded and avoid feeding the drama.

Eddy’s book High Conflict People in Legal Disputes further examines the behavioral patterns behind prolonged legal battles—traits like all-or-nothing thinking, unmanaged emotions, and constant blame. Recognizing these patterns early is key. As Eddy writes, “High conflict people aren’t just difficult—they follow predictable patterns. Recognizing them is the first step to managing them.”

While we can’t always avoid high-conflict situations, we can control how we engage with them. Across all these resources, one message stands out: high conflict isn’t just about “difficult people”—it’s about predictable dynamics that can be understood, managed, and even changed. The key lies in our own responses. Whether you’re a professional peacemaker or someone caught in the crossfire, these insights offer clarity, hope, and a path forward.

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The Value of Mediation in Family Law Cases in Florida

When families face legal disputes, emotions run high, and tensions can escalate quickly. Whether dealing with divorce, child custody, or support issues, finding a resolution that benefits all parties involved is crucial. Mediation is an effective and often underutilized tool in Florida family law cases, offering a path to resolution that is less adversarial, more cost-effective, and ultimately beneficial for all involved.

What is Mediation?

Mediation is a voluntary, confidential process where a neutral third-party mediator helps disputing parties communicate and negotiate an agreement. Unlike litigation, which involves court proceedings and a judge’s ruling, mediation allows the parties to maintain control over the outcome and work collaboratively toward a mutually acceptable solution.

Why Mediation is Valuable in Family Law Cases

  1. Reduces Conflict and Promotes Cooperation

Traditional courtroom battles can be contentious, leading to prolonged stress and damaged relationships. Mediation fosters open dialogue, helping parties focus on problem-solving rather than blame. This cooperative approach is especially beneficial in cases involving children, where maintaining a working relationship between parents is essential for co-parenting.

  1. Cost-Effective Alternative to Litigation

Legal battles can be expensive, with attorney fees, court costs, and lengthy proceedings draining financial resources. Mediation is often significantly more affordable, as it typically requires fewer billable hours and avoids drawn-out court proceedings.

  1. Confidential and Private

Courtroom proceedings are public records, meaning sensitive family matters may become part of the public domain. Mediation, on the other hand, is a private process, allowing families to resolve disputes without public scrutiny.

  1. Empowers Parties to Make Their Own Decisions

Rather than having a judge impose a ruling, mediation allows the involved parties to craft an agreement tailored to their unique needs and circumstances. This sense of control often leads to greater satisfaction with the outcome and higher compliance rates with the agreed terms.

  1. Faster Resolutions

Court cases can drag on for months or even years, prolonging uncertainty and emotional distress. Mediation is typically much quicker, enabling families to move forward with their lives sooner rather than later.

  1. Preserves Family Relationships

Litigation can strain family ties, making it harder for parties to communicate after the case is resolved. Mediation encourages respectful dialogue, helping to preserve important family relationships, particularly between co-parents who will need to interact regarding their children.

Is Mediation Right for You?

Florida courts strongly encourage mediation in family law cases, and in many instances, it is a required step before proceeding to trial. The Florida Supreme Court has established rules governing mediation, ensuring a fair and structured process for all participants. Certified family law mediators in Florida are trained professionals who facilitate discussions, guide negotiations, and help families reach agreements that align with the state’s legal requirements.

Mediation is an excellent option for many family law disputes, but it is most effective when the parties are willing to cooperate. For most families, mediation provides a constructive and efficient way to resolve conflicts without the emotional and financial toll of litigation. If you’re facing a family law dispute in Florida, considering mediation could be the key to finding a peaceful, fair resolution. Consulting with a qualified mediator can help you determine whether this approach is the best fit for your unique situation. Mediation is a powerful tool in Florida family law cases, offering a less adversarial, more cost-effective, and emotionally supportive path to resolution. By promoting cooperation, protecting privacy, and empowering families to make their own decisions, mediation helps create lasting solutions that work for everyone involved. If you’re navigating a family legal dispute, exploring mediation could be the first step toward a more amicable future.

 

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Non-Binding Arbitration in Florida: An Increasingly Popular Option for Resolving Disputes

When disputes arise, finding a timely and cost-effective resolution is often a top priority for all parties involved. One alternative to traditional litigation is arbitration, and in Florida, non-binding arbitration offers a unique option. While binding arbitration has the power to make decisions that the parties must adhere to, non-binding arbitration in Florida allows for a more flexible approach to dispute resolution. Although it is not used consistently across all jurisdictions in the State, many Courts in Florida are increasingly requiring parties to attend both mediation and non-binding arbitration prior to trial. For the Courts, this provides a way to reduce ever increasing caseloads and clogged trial dockets. For the parties, it provides a quicker and often inexpensive way to resolve the case, short of a trial.

What is Non-Binding Arbitration?

Non-binding arbitration is a form of alternative dispute resolution (ADR) where an impartial third-party arbitrator hears the case and makes a recommendation. Sometimes there is one arbitrator and other times there is a panel of arbitrators, usually up to three. However, unlike binding arbitration, the decision (or award) rendered by the arbitrator is not final or binding unless the parties elect to make it so. This means that the parties involved in the dispute have the option to accept the arbitrator’s recommendation, negotiate further, or take the matter to court if they are unsatisfied with the outcome. In Florida, non-binding arbitration is often used in civil disputes, including personal injury cases, property damage cases, contract disagreements, and family law matters.

There are specific rules, however, as it relates to non-binding arbitration in Florida that litigators should be aware of. A recent excellent overview of these rules, procedures and other concepts to consider when handling a non-binding arbitration in Florida is provided by Tiffany Hamilton, Esq. in “Non-Binding Arbitration: Tools for Your ADR Toolbox”, Volume 11 of the Stetson Journal of Advocacy and the Law, 11 Stetson J. Advoc. & L. 207 (2024)[i]. In this article, Ms. Hamilton reviews the authority providing for the use of nonbinding arbitration in Florida and offers strategic points to consider when choosing an arbitrator, drafting the argument and more. In addition, practical materials such as Continuing Legal Education seminars from the Florida Bar can provide an overview of the nonbinding arbitration process for those that have not dealt with it before.[ii]

Recent changes to the Florida Rules of Civil Procedure have also impacted nonbinding arbitration. For example, a recent amendment to the Florida Rules in Fla. R. Civ. P. 1.820(h) provides that the party must reject the arbitrator’s decision within 20 days and “…no action or inaction by any party, other than the filing of the notice, will be deemed a rejection of the arbitration decision.”[iii]  This recent rule change is probably the result of recent cases providing conflicting guidance on what notice is sufficient when rejecting the award. A recent case highlights the dangers of not complying with the rule: In People’s Trust Insurance Company v. Hernandez, 4D2024-3274 (Fla. 4th DCA March 26, 2025), the Fourth District held that a party seeking to reject a non-binding arbitration award and proceed to trial must strictly comply with Rule 1.820(h)’s requirement of filing “a notice of rejection of the arbitration award and request for trial in the same document.”[iv] In addition, while Florida Statutes and the Florida Rules of Civil Procedure should be reviewed when handling a non-binding arbitration, many Florida Circuits now have specific local requirements and Orders that are unique to their area. Attorneys handling non-binding arbitrations should consult local rules when preparing for and handling a nonbinding arbitration.

Brief Overview of the Process of Non-Binding Arbitration in Florida

The process of non-binding arbitration in Florida typically follows several key steps:

  1. Agreement to Arbitrate: Parties can agree to submit their dispute to non-binding arbitration or the court may mandate non-binding arbitration as a pre-trial procedure for certain types of cases, especially in civil litigation.
  2. Selection of Arbitrator: The parties select an arbitrator, usually someone with experience in the area of dispute. In Florida, arbitrators may be retired judges, lawyers, or professionals with expertise in the subject matter of the dispute. If the parties cannot agree on an arbitrator, the court can assist in appointing one.
  3. Pre-Arbitration Procedures: Before the arbitration hearing, the parties typically exchange relevant documents and evidence. The arbitrator may also set deadlines for submissions or request additional information to help assess the dispute.
  4. Arbitration Hearing: The hearing is relatively informal compared to a court trial. The parties present their cases, submit evidence, and may question witnesses. The arbitrator then considers the information presented and issues an award.
  5. The Award: After reviewing all the evidence and hearing from both sides, the arbitrator issues an award, which is a recommendation on how the dispute should be resolved. This decision is non-binding, meaning that neither party is required to accept the arbitrator’s conclusion. If the parties agree with the award, they may enter into a settlement. If one or both parties disagree, they can (and must) proceed to court and file the appropriate notices and motions to continue the case towards a final hearing or trial.

Advantages of Non-Binding Arbitration in Florida

Non-binding arbitration in Florida offers several benefits:

  1. Cost-Effectiveness: Legal battles can be expensive, especially in complex cases. Non-binding arbitration typically costs less than litigation due to the shorter time frame and more streamlined process.
  2. Faster Resolution: Traditional court cases can take months or even years to resolve. Non-binding arbitration, on the other hand, is often faster, helping to alleviate the burden of long delays.
  3. Flexibility: The parties have the option to reject the arbitrator’s award and proceed to court if they feel the decision is unsatisfactory. This flexibility makes non-binding arbitration an appealing option for those who want a resolution without fully committing to a legally enforceable decision.
  4. Confidentiality: Non-binding arbitration hearings are generally private, which can provide confidentiality for the parties involved. This is particularly important in business or personal matters where sensitive information may be discussed.
  5. Preserving Relationships: Because the process is less adversarial than going to trial, non-binding arbitration can help preserve relationships between the parties. This is especially valuable in family disputes or commercial matters where future collaboration may be necessary.

Conclusion

Non-binding arbitration provides a valuable alternative to litigation for resolving disputes in Florida and has been quickly evolving for the past few years into a robust option to trial. It offers a faster, less costly, and more flexible path to resolution, while still preserving the option to pursue traditional legal action if neded. For parties seeking a way to settle disagreements without the complexity and expense of a courtroom trial, non-binding arbitration can be a viable solution.

[i] https://www2.stetson.edu/advocacy-journal/non-binding-arbitration-tools-for-your-adr-toolbox/

[ii] The Florida Bar CLE: 8576 Nonbinding Arbitration in Florida: A Colloquy between Bench and Bar – https://member.floridabar.org/CPBase__item?id=a10WQ000000ZtrFYAS; 8190 Nonbinding Arbitration Hearings: Learn How or Get Left Behind! – https://member.floridabar.org/CPBase__item?id=a10Dm000000kWSIIA2

[iii] Fla. R. Civ. P. 1.820(h)

[iv] People’s Trust Insurance Company v. Hernandez, 4D2024-3274 (Fla. 4th DCA March 26, 2025)(providing that Rule 1.820(h) will be strictly enforced, and parties must comply with its requirements if they decide to reject a nonbinding arbitration award).

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5 Tips for Successful Mediations

Mediation is a powerful tool for resolving conflicts, but its success depends on how it’s approached. Here are a few strategies to help ensure a smooth and productive mediation process:

  1. Prepare Ahead of Time: Before entering mediation, take time to reflect on your goals and understand the issues at hand. Gather any relevant information and consider your options. This preparation helps you communicate more effectively and stay focused during discussions. 
  2. Keep an Open Mind: Successful mediation requires a willingness to listen and understand the other party’s perspective. Try to stay open to different solutions and consider the other side’s position or motivation. Sometimes imagining yourself on the other side can provide valuable insight as to what may actually be their bottom line in the negotiation. Flexibility can lead to creative, mutually beneficial outcomes.
  3. Use Neutral Language: Mediations are more successful when accusatory or inflammatory language is avoided. While it can be hard, especially when emotional issues are involved, staying neutral will usually get you much further in your negotiations. Try to frame your statements in a way that fosters understanding and cooperation. 
  4. Stay Calm and Patient: Mediations can sometimes become tense or they can take a long time. Try to maintain a calm demeanor and practice patience. Some mediations are more like a marathon, instead of a sprint. Make sure you are in a comfortable location and you have access to snacks and water if the mediation is expected to last longer than a few hours. Staying composed helps keep the discussion productive and prevents emotions from derailing the process.
  5. Focus on Interests, Not Positions: Rather than focusing on specific positions, which can feel like a win-lose scenario, try to identify the underlying interests of both parties. This helps in finding solutions that satisfy everyone’s needs.

While mediation requires the involvement of all parties to be successful, with these strategies you increase the likelihood of reaching a resolution that is fair, lasting, and beneficial for all involved.

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