(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will talk about what exactly is mediation and exactly how mediation can facilitate the resolution of your family law case.
What exactly is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed through the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which means something that has been said in mediation stays in that room. The Judge will not discover what is situated mediation. This really is helpful since it allows the parties to discuss their case with the mediator with all the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to discuss with the other party.
Who are able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
What makes MEDIATION WORK?
The parties enter the office from the mediator and, usually using their counsel, and everybody sits within a room with the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties regarding the confidentiality of mediation. In the joint session, the parties have an possiblity to also give a job opening statement. Following the joint session, the parties then proceed to several rooms. This is what’s called a caucus in which the party and his or her attorney sit with all the mediator away from the existence of the opposing party to debate the pros and cons of their case. The party then gives the mediator a deal to do business with that she or he wishes the mediator to present to the other side. The mediator’s role now becomes among a negotiator going back and forth between your parties until hopefully a legal contract is reached concerning all the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is whats called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest approach to resolve a dispute plus it saves the parties big money in attorney’s fees. Of course, in the event the case is hotly contested and also the case will not settle, then a parties must litigate the case but mediation continues to be a possibility before an endeavor.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation because the mediator charges per hour rate split relating to the parties and, if you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then your case is prepared for Final Hearing before the Judge.
I recommend that when true is at court, that this parties get their financial mandatory disclosures off the beaten track at the beginning and then check out mediation to solve the dispute efficiently without the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for any free consultation.
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