(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will talk about what’s mediation and just how mediation can facilitate the resolution of the family law case.
What exactly is MEDIATION?
Mediation is a non-adversarial process through which a mediator is appointed with the Court or selected with the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is considered in mediation stays in this room. The Judge will not uncover what happens in mediation. That is helpful since it allows the parties to talk about their case with all the mediator with the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to discuss with all the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties enter in the office with the mediator and, usually making use of their counsel, and everyone sits inside a room with the mediator. Here is the joint session. The mediator gives a dent statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties come with an possiblity to also give a gap statement. As soon as the joint session, the parties begin to different rooms. This is whats called a caucus in which the party and the or her attorney sit with all the mediator not in the presence of the opposing party to go over the good and bad points of his or her case. The party then gives the mediator a package to do business with that he / she wishes the mediator to present to another side. The mediator’s role now becomes one of a negotiator going back and forth between your parties until hopefully an agreement is reached concerning every one 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 known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. Here is the cheapest approach to resolve a dispute also it saves the parties a lot of cash in legal fees. Naturally, in the event the case is hotly contested and the case doesn’t settle, then a parties must litigate the situation but mediation is still an alternative before a shot.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation is cheaper than litigation since the mediator charges per hour rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then a case is prepared for Final Hearing before the Judge.
I propose that if the case is within court, the parties obtain financial mandatory disclosures off the beaten track at the start after which head to mediation to solve the dispute efficiently with no cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 for a free consultation.
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