(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am about to speak about what exactly is mediation and the way mediation can facilitate the resolution of a divorce case.
What’s MEDIATION?
Mediation can be a non-adversarial process by which a mediator is appointed with the Court or selected through the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is considered in mediation stays for the reason that room. The Judge won’t find what is situated mediation. This is helpful since it permits the parties to talk about their case together with the mediator with all the utmost confidence. The Mediator’s role is to transmit merely the information the party authorizes the mediator to talk about together with the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
How can MEDIATION WORK?
The parties type in the office of the mediator and, usually with their counsel, and everyone sits in the room with all the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties about the confidentiality of mediation. On the joint session, the parties come with an chance to also give a gap statement. After the joint session, the parties then proceed to be able to rooms. This is whats called a caucus the place that the party and the or her attorney sit using the mediator away from the existence of the opposing party to go over the strengths and weaknesses of her or his case. The party then increases the mediator a package to do business with that he or she wishes the mediator to give to the other side. The mediator’s role now becomes one among a negotiator returning to college and forth between your parties until hopefully an agreement is reached about each 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 place that the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest method to resolve a dispute and it saves the parties a lot of money in estate agent fees. Naturally, in the event the case is hotly contested along with the case will not settle, then the parties must litigate the truth but mediation continues to be an alternative before an endeavor.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation for the reason that mediator charges an hourly rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then this case is ready for Final Hearing prior to Judge.
I would recommend that if the case is within court, the parties get their financial mandatory disclosures taken care of in the beginning and after that head to mediation to solve the dispute efficiently without the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for the free consultation.
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