(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will talk about what is mediation and how mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation is really a non-adversarial process through which a mediator is appointed from the Court or selected with the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which suggests whatever is said in mediation stays for the reason that room. The Judge doesn’t find what occurs in mediation. This really is helpful because it permits the parties to discuss their case with the mediator with all the utmost confidence. The Mediator’s role is always to transmit merely the information the party authorizes the mediator to debate using the other party.
Who are able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
So how exactly does MEDIATION WORK?
The parties go into the office in the mediator and, usually using counsel, and everyone sits in a room with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties have an possiblity to also give a job opening statement. Following your joint session, the parties begin to different rooms. This is known as a caucus where the party and his or her attorney sit with the mediator outside the existence of the opposing party to discuss the good and bad points of his or her case. The party then increases the mediator an offer to utilize that he / she wishes the mediator to present to another side. The mediator’s role now becomes certainly one of a negotiator returning and forth between the parties until hopefully an agreement is reached regarding every one of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is whats called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest approach to resolve a dispute and yes it saves the parties lots of money in legal fees. Naturally, if the case is hotly contested and the case will not settle, then the parties must litigate the situation but mediation remains an option before a trial.
IS MEDIATION Less than LITIGATION?
Yes mediation costs less than litigation since the mediator charges per hour rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then a case is in a position for Final Hearing prior to the Judge.
I propose when true is within court, the parties obtain financial mandatory disclosures out of the way at the beginning and then check out mediation to eliminate the dispute efficiently minus the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 to get a free consultation.
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