(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will mention precisely what is mediation and exactly how mediation can facilitate the resolution of the family law case.
Precisely what is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed by the Court or selected by the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means something that is said in mediation stays in this room. The Judge does not discover what happens in mediation. That is helpful since it allows the parties to debate their case with all the mediator together with the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to discuss using the other party.
Who is able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
HOW DOES MEDIATION WORK?
The parties enter the office with the mediator and, usually using their counsel, everyone sits in the room using the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. In the joint session, the parties provide an possiblity to also give a gap statement. Following the joint session, the parties begin to different rooms. This is what’s called a caucus the location where the party and the or her attorney sit using the mediator outside the existence of the opposing party to go over the good and bad points of her or his case. The party then increases the mediator a proposal to use that she / he wishes the mediator to present to another side. The mediator’s role now becomes one of a negotiator heading back and forth between your parties until hopefully an agreement is reached regarding all of the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. Here is the cheapest way to resolve a dispute also it saves the parties a lot of cash in legal fees. Needless to say, if the case is hotly contested and also the case won’t settle, then a parties must litigate the situation but mediation continues to be an alternative before a shot.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation because the mediator charges per hour rate split relating to the parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then the case is in a position for Final Hearing ahead of the Judge.
I would recommend that when the situation is within court, the parties acquire financial mandatory disclosures off the beaten track from the outset then head to mediation to solve the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. To have an appointment, you’ll be able to call (305) 266-9584 for any free consultation.
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