(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will speak about what is mediation and the way mediation can facilitate the resolution of a family law case.
What exactly is MEDIATION?
Mediation is a non-adversarial process by which a mediator is appointed through the Court or selected through the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is said in mediation stays for the reason that room. The Judge will not discover what happens in mediation. This is helpful given it allows the parties to debate their case together with the mediator using the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to discuss with all the other party.
WHO CAN SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties enter in the office of the mediator and, usually with their counsel, and everybody sits in the room using the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties have an possiblity to also give an opening statement. Following the joint session, the parties then proceed to several rooms. This is what’s called a caucus where the party and the or her attorney sit with all the mediator outside of the existence of the opposing party to talk about the weaknesses and strengths of their case. The party then provides mediator an offer to do business with that he / she wishes the mediator presenting to another side. The mediator’s role now becomes one among a negotiator returning and forth between the parties until hopefully a contract is reached concerning all the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is what’s called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest approach to resolve a dispute and yes it saves the parties a lot of cash in estate agent fees. Obviously, when the case is hotly contested and the case does not settle, then a parties must litigate the truth but mediation remains to be a possibility before a shot.
IS MEDIATION Less expensive LITIGATION?
Yes mediation costs less than litigation for the reason that mediator charges a per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case is ready for Final Hearing prior to the Judge.
I suggest when true is within court, how the parties acquire financial mandatory disclosures dealt with at the beginning and after that go to mediation to settle the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 to get a free consultation.
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