(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to discuss what exactly is mediation and the way mediation can facilitate the resolution of an divorce case.
WHAT IS MEDIATION?
Mediation is really a non-adversarial process in which a mediator is appointed from the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that is considered in mediation stays in that room. The Judge does not find out what happens in mediation. This is helpful given it allows the parties to talk about their case with the mediator using the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to debate together with the other party.
WHO CAN Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
What makes MEDIATION WORK?
The parties enter in the office in the mediator and, usually making use of their counsel, everyone sits inside a room with all the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties offer 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 the place that the party and his awesome or her attorney sit together with the mediator outside the existence of the opposing party to talk about the weaknesses and strengths of his / her case. The party then provides the mediator a package to do business with that she or he wishes the mediator to provide to the other side. The mediator’s role now becomes certainly one of a negotiator heading back and forth involving the parties until hopefully a legal contract is reached about all the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is what’s called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest strategy to resolve a dispute and it saves the parties a lot of cash in attorney’s fees. Needless to say, when the case is hotly contested as well as the case doesn’t settle, then the parties must litigate the truth but mediation remains an option before a shot.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation for the reason that mediator charges per hour rate split relating to the parties and, should you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then the case is in a position for Final Hearing prior to the Judge.
I recommend when the truth is within court, that this parties manage to get thier financial mandatory disclosures out of the way at the beginning after which head to mediation to solve the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. On an appointment, you’ll be able to call (305) 266-9584 for a free consultation.
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