(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am about to speak about what’s mediation and just how mediation can facilitate the resolution of an divorce case.
What exactly is MEDIATION?
Mediation is really a non-adversarial process in which a mediator is appointed by the Court or selected by the parties to help the parties in resolving their case. The mediation process is bound by confidentiality this means whatever is said in mediation stays in that room. The Judge doesn’t find out what is situated mediation. This really is helpful because it allows the parties to talk about their case with the mediator with all the utmost confidence. The Mediator’s role is usually to transmit only the information the party authorizes the mediator to debate with all the other party.
Who are able to SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
What makes MEDIATION WORK?
The parties enter the office in the mediator and, usually using counsel, and everyone sits within a room using the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties have an possiblity to also give an opening statement. Following the joint session, the parties start to various rooms. This is called a caucus the location where the party and his awesome or her attorney sit with the mediator outside the presence of the opposing party to discuss the good and bad points of their case. The party then increases the mediator an offer to utilize that she or he wishes the mediator to present to another side. The mediator’s role now becomes certainly one of a negotiator going back and forth involving the parties until hopefully a legal contract is reached about each of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is whats called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest way to resolve a dispute and it saves the parties big money in legal fees. Obviously, if the case is hotly contested and also the case doesn’t settle, then the parties must litigate true but mediation is still a choice before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation because the mediator charges per hour rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is prepared for Final Hearing ahead of the Judge.
I propose when the situation is in court, the parties acquire financial mandatory disclosures dealt with in the beginning and then go to mediation to eliminate the dispute efficiently devoid of the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 for any free consultation.
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