(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will discuss what exactly is mediation and how mediation can facilitate the resolution of an divorce case.
WHAT IS MEDIATION?
Mediation is often a non-adversarial process in which a mediator is appointed from the Court or selected through the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means whatever is considered in mediation stays because room. The Judge does not find out what occurs in mediation. This is helpful because it permits the parties to debate their case together with the mediator with all the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to discuss with all the other party.
Who are able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
What makes MEDIATION WORK?
The parties go into the office in the mediator and, usually using their counsel, and everyone sits in the room with the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. In the joint session, the parties provide an chance to also give a gap statement. Following the joint session, the parties start to be able to rooms. This is whats called a caucus the location where the party and the or her attorney sit together with the mediator outside of the existence of the opposing party to go over the strengths and weaknesses of his / her case. The party then increases the mediator a package to do business with that he / she wishes the mediator presenting to the other side. The mediator’s role now becomes one among a negotiator heading back and forth between your parties until hopefully a legal contract is reached about all the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is called presuit mediation where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest strategy to resolve a dispute and yes it saves the parties lots of money in attorney’s fees. Naturally, if the case is hotly contested and also the case does not settle, then a parties must litigate the truth but mediation is still a choice before a shot.
IS MEDIATION Less expensive LITIGATION?
Yes mediation is cheaper than litigation since the mediator charges per hour rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case is ready for Final Hearing prior to the Judge.
I recommend if true is within court, the parties manage to get thier financial mandatory disclosures off the beaten track at the beginning then head to mediation to solve the dispute efficiently with no cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme Court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. On an appointment, you’ll be able to call (305) 266-9584 for a free consultation.
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