(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about precisely what is mediation and exactly how mediation can facilitate the resolution of your divorce case.
WHAT IS MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed with the Court or selected with the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which means anything that is considered in mediation stays because room. The Judge will not find what occurs in mediation. This can be helpful since it permits the parties to talk about their case with all the mediator using the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to discuss using the other party.
Who is able to SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties go into the office from the mediator and, usually with their counsel, and everyone sits in a room with the mediator. This is actually the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties offer an possibility to also give a gap statement. Following the joint session, the parties start to different rooms. This is what’s called a caucus the place that the party and his or her attorney sit with all the mediator outside of the presence of the opposing party to go over the good and bad points of his or her case. The party then increases the mediator a proposal to use that she / he wishes the mediator to provide to another side. The mediator’s role now becomes among a negotiator returning to college and forth relating to the parties until hopefully a legal contract is reached concerning every one of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is the cheapest approach to resolve a dispute and yes it saves the parties lots of money in attorney’s fees. Needless to say, if the case is hotly contested and also the case will not settle, then a parties must litigate the case but mediation is still a possibility before an effort.
IS MEDIATION Less than LITIGATION?
Yes mediation will be less than litigation because the mediator charges per hour rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case is ready for Final Hearing before the Judge.
I suggest that when the situation is within court, how the parties manage to get thier financial mandatory disclosures off the beaten track in the beginning and then head to mediation to eliminate the dispute efficiently without the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 to get a free consultation.