(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am about to talk about what is mediation and how mediation can facilitate the resolution of an family law case.
Precisely what is MEDIATION?
Mediation is really a non-adversarial process by which a mediator is appointed with the Court or selected by the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning something that is said in mediation stays in that room. The Judge does not find out what is situated mediation. That is helpful given it enables the parties to go over their case using the mediator together with the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to debate using the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
How can MEDIATION WORK?
The parties enter in the office with the mediator and, usually making use of their counsel, everyone sits in a room using the mediator. This is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. At the joint session, the parties provide an chance to also give an opening statement. Following your joint session, the parties start to several rooms. This is known as a caucus the location where the party and the or her attorney sit with all the mediator outside of the existence of the opposing party to discuss the pros and cons of his or her case. The party then provides mediator a proposal to use that she / he wishes the mediator to present to another side. The mediator’s role now becomes one among a negotiator heading back and forth involving the parties until hopefully a partnership is reached regarding all the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest approach to resolve a dispute and yes it saves the parties lots of money in attorney’s fees. Obviously, if the case is hotly contested and the case will not settle, then a parties must litigate the case but mediation remains to be an option before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation will be less than litigation because the mediator charges per hour rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case is in a position for Final Hearing prior to the Judge.
I recommend that if the truth is at court, that the parties acquire financial mandatory disclosures off the beaten track at the beginning and after that visit mediation to resolve the dispute efficiently minus the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. For an appointment, it is possible to call (305) 266-9584 for a free consultation.
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