(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will discuss what exactly is mediation and just how mediation can facilitate the resolution of an divorce case.
What’s MEDIATION?
Mediation is often a non-adversarial process in which a mediator is appointed from the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is considered in mediation stays for the reason that room. The Judge doesn’t find what occurs in mediation. This is helpful because it allows the parties to go over their case using the mediator using the utmost confidence. The Mediator’s role is usually to transmit exactly the information the party authorizes the mediator to discuss together with the other party.
Who is able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties type in the office in the mediator and, usually using counsel, and everyone sits in the room with all the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties about the confidentiality of mediation. With the joint session, the parties offer an possibility to also give a job opening statement. After the joint session, the parties start to be able to rooms. This is called a caucus where the party and the or her attorney sit with all the mediator not in the presence of the opposing party to debate the pros and cons of their case. The party then provides mediator a package to use that she / he wishes the mediator to give to another side. The mediator’s role now becomes one of a negotiator going back and forth between the parties until hopefully a partnership is reached concerning all of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is known as presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest approach to resolve a dispute and yes it saves the parties a lot of cash in attorney’s fees. Of course, if your case is hotly contested as well as the case won’t settle, then a parties must litigate the situation but mediation remains to be a choice before an endeavor.
IS MEDIATION Less than LITIGATION?
Yes mediation cost less 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 the parties sign it. Then the case is in a position for Final Hearing prior to Judge.
I would recommend when the truth is at court, how the parties obtain financial mandatory disclosures off the beaten track from the outset and after that visit mediation to resolve the dispute efficiently with no expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Top court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 for any free consultation.
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