(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am about to mention precisely what is mediation and just how mediation can facilitate the resolution of a divorce case.
What exactly is MEDIATION?
Mediation is often a non-adversarial process through which a mediator is appointed with the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means anything that has been said in mediation stays in that room. The Judge will not uncover what occurs in mediation. That is helpful as it allows the parties to discuss their case with the mediator with all the utmost confidence. The Mediator’s role is to transmit merely the information the party authorizes the mediator to go over together with the other party.
WHO CAN SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
What makes MEDIATION WORK?
The parties enter in the office with the mediator and, usually making use of their counsel, and everybody sits inside a room with all the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties concerning the confidentiality of mediation. On the joint session, the parties offer an opportunity to also give a dent statement. After the joint session, the parties then proceed to several rooms. This is known as a caucus in which the party and the or her attorney sit with the mediator away from the presence of the opposing party to discuss the weaknesses and strengths of his or her case. The party then provides mediator a package to work with that she / he wishes the mediator to provide to another side. The mediator’s role now becomes certainly one of a negotiator going back and forth between your parties until hopefully a contract is reached concerning 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 called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is the cheapest approach to resolve a dispute plus it saves the parties big money in attorney’s fees. Of course, in the event the case is hotly contested as well as the case will not settle, then this parties must litigate the case but mediation continues to be an alternative before a shot.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges an hourly rate split involving the parties and, in case you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case is prepared for Final Hearing before the Judge.
I would recommend when the case is within court, that this parties manage to get thier financial mandatory disclosures taken care of at the beginning and after that go to mediation to resolve the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 to get a free consultation.
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