(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today My goal is to talk about precisely what is mediation and how mediation can facilitate the resolution of a family law case.
What exactly is MEDIATION?
Mediation is often a non-adversarial process where a mediator is appointed from the Court or selected from the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning any situation that is claimed in mediation stays in this room. The Judge does not uncover what is situated mediation. This is helpful as it allows the parties to go over their case using the mediator with all the utmost confidence. The Mediator’s role is usually to transmit merely the information the party authorizes the mediator to discuss with the other party.
WHO CAN Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties go into the office from the mediator and, usually using counsel, and everybody sits in a room together with the mediator. Here is the joint session. The mediator gives a dent statement and reminds the parties in regards to the confidentiality of mediation. At the joint session, the parties provide an chance to also give a job opening statement. As soon as the joint session, the parties then proceed to various rooms. This is what’s called a caucus in which the party with his fantastic or her attorney sit with all the mediator outside of the presence of the opposing party to discuss the good and bad points of his or her case. The party then provides mediator a proposal to do business with that he / she wishes the mediator to provide to the other side. The mediator’s role now becomes one of a negotiator going back and forth between your parties until hopefully a contract is reached about all the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest strategy to resolve a dispute and it saves the parties a lot of cash in estate agent fees. Of course, in the event the case is hotly contested and also the case won’t settle, then this parties must litigate the truth but mediation remains to be an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation cost less than litigation as the mediator charges a per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then this case is prepared for Final Hearing prior to Judge.
I recommend that if true is within court, how the parties obtain financial mandatory disclosures dealt with in the beginning and then head to mediation to settle the dispute efficiently without the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, you’ll be able to call (305) 266-9584 for a free consultation.
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