(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will mention what exactly is mediation and just how mediation can facilitate the resolution of a family law case.
Precisely what is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed from the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which means whatever is considered in mediation stays because room. The Judge will not uncover what happens in mediation. This can be helpful since it permits the parties to discuss their case with all the mediator together with the utmost confidence. The Mediator’s role is usually to transmit only the information the party authorizes the mediator to talk about with the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties type in the office of the mediator and, usually making use of their counsel, and everybody sits in a room with all the mediator. This can be the joint session. The mediator gives an opening statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties provide an chance to also give a dent statement. As soon as the joint session, the parties then proceed to be able to rooms. This is what’s called a caucus the location where the party and his awesome or her attorney sit with all the mediator outside the presence of the opposing party to go over the strengths and weaknesses of her or his case. The party then provides the mediator a deal to do business with that she / he wishes the mediator to present to the other side. The mediator’s role now becomes certainly one of a negotiator returning and forth between the parties until hopefully a legal contract is reached about each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is whats called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest method to resolve a dispute plus it saves the parties a lot of money in legal fees. Naturally, when the case is hotly contested and the case won’t settle, then your parties must litigate the situation but mediation is still an alternative before an effort.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation costs less than litigation because the mediator charges per hour rate split relating to the parties and, in case you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case ready for Final Hearing before the Judge.
I propose if the case is in court, that the parties manage to get thier financial mandatory disclosures taken care of in the beginning and then visit mediation to solve the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, it is possible to call (305) 266-9584 to get a free consultation.
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