(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to speak about what exactly is mediation and how mediation can facilitate the resolution of an family law case.
Precisely what is MEDIATION?
Mediation is often a non-adversarial process in which a mediator is appointed by the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that is claimed in mediation stays for the reason that room. The Judge doesn’t find what is situated mediation. This is helpful since it permits the parties to discuss their case together with the mediator with all the utmost confidence. The Mediator’s role is usually to transmit just the information the party authorizes the mediator to debate with the other party.
That can SUBMIT 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 type in the office from the mediator and, usually using their counsel, everyone sits in the room with all the mediator. This is the joint session. The mediator gives a gap statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties have an chance to also give a job opening statement. Following the joint session, the parties begin to different rooms. This is what’s called a caucus in which the party and his or her attorney sit together with the mediator outside of the presence of the opposing party to debate the strengths and weaknesses of his / her case. The party then increases the mediator a proposal to use that he / she wishes the mediator to give to the other side. The mediator’s role now becomes one among a negotiator heading back and forth between the parties until hopefully a legal contract is reached as to each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is whats called presuit mediation where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is the cheapest approach to resolve a dispute and it saves the parties lots of money in legal fees. Naturally, if your case is hotly contested and the case does not settle, then your parties must litigate true but mediation continues to be an option before an effort.
IS MEDIATION Less expensive LITIGATION?
Yes mediation is cheaper than litigation because the mediator charges a per hour rate split between the parties and, in the event 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 Judge.
I suggest that when the situation is court, how the parties get their financial mandatory disclosures off the beaten track from the outset after which go to mediation to resolve the dispute efficiently without the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 to get a free consultation.
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