(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will mention what exactly is mediation and how mediation can facilitate the resolution of your divorce case.
What’s MEDIATION?
Mediation is often a non-adversarial process through which a mediator is appointed from the Court or selected by the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests anything that is said in mediation stays in that room. The Judge does not find out what occur in mediation. That is helpful since it permits the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to debate together with the other party.
Who are able to SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
What makes MEDIATION WORK?
The parties type in the office with the mediator and, usually with their counsel, and everybody sits inside a room with all the mediator. This can be 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 gap statement. After the joint session, the parties then proceed to be able to rooms. This is what’s called a caucus the place that the party and his awesome or her attorney sit together with the mediator not in the existence of the opposing party to talk about the pros and cons of her or his case. The party then increases the mediator a proposal to utilize that he / she wishes the mediator to give to another side. The mediator’s role now becomes one among a negotiator going back and forth relating to the parties until hopefully a contract is reached about each 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 the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is the cheapest method to resolve a dispute also it saves the parties big money in estate agent fees. Needless to say, if the case is hotly contested and also the case will not settle, then the parties must litigate the truth but mediation is still a choice before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation cost less than litigation because the mediator charges a per hour rate split between your parties and, in the event you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then a case is prepared for Final Hearing before the Judge.
I recommend that when the case is court, that the parties manage to get thier financial mandatory disclosures dealt with in the beginning then head to mediation to resolve the dispute efficiently minus the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. On an appointment, you are able to call (305) 266-9584 for a free consultation.
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