(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am going to discuss what exactly is mediation and just how mediation can facilitate the resolution of a divorce case.
What exactly is MEDIATION?
Mediation can be a non-adversarial process where a mediator is appointed through the Court or selected by the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which means whatever is considered in mediation stays because room. The Judge won’t discover what is situated mediation. This is helpful given it permits the parties to go over their case with the mediator with the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to talk about together with the other party.
Who are able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
What makes MEDIATION WORK?
The parties go into the office in the mediator and, usually using their counsel, and everyone sits within a room with the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties come with an possibility to also give a gap statement. As soon as the joint session, the parties then proceed to various rooms. This is known as a caucus the place that the party and the or her attorney sit with all the mediator not in the existence of the opposing party to discuss the strengths and weaknesses of his / her case. The party then increases the mediator a deal to use that he or she wishes the mediator to present to the other side. The mediator’s role now becomes certainly one of a negotiator going back and forth relating to the parties until hopefully a partnership is reached regarding all 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 in which the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest approach to resolve a dispute plus it saves the parties big money in hips. Of course, if the case is hotly contested along with the case does not settle, then your parties must litigate true but mediation remains a possibility before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation costs less than litigation since the mediator charges a per hour rate split relating to the parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case is ready for Final Hearing prior to the Judge.
I recommend if true is in court, that the parties manage to get thier financial mandatory disclosures dealt with at the beginning after which go to mediation to settle the dispute efficiently devoid of the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Top court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for a free consultation.
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