(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will speak about what exactly is mediation and how mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation is a non-adversarial process through which a mediator is appointed with the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which suggests whatever is claimed in mediation stays in that room. The Judge won’t uncover what is situated mediation. That is helpful since it enables the parties to talk about their case using the mediator together with the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to discuss with all the other party.
WHO CAN Undergo 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 in the mediator and, usually with their counsel, everyone sits within a room together with the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties concerning the confidentiality of mediation. In the joint session, the parties have an possiblity to also give a job opening statement. As soon as the joint session, the parties begin to several rooms. This is known as a caucus the location where the party with his fantastic or her attorney sit using the mediator outside the presence of the opposing party to discuss the weaknesses and strengths of his or her case. The party then provides the mediator a package to work with that she / he wishes the mediator presenting to another side. The mediator’s role now becomes certainly one of a negotiator returning and forth relating to the parties until hopefully an agreement is reached as to all the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is known as presuit mediation in which the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest strategy to resolve a dispute also it saves the parties a lot of cash in legal fees. Needless to say, if the case is hotly contested along with the case won’t settle, then the parties must litigate the situation but mediation is still an option before an endeavor.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation cost less than litigation as the mediator charges a per hour rate split between the parties and, if you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then this case is in a position for Final Hearing ahead of the Judge.
I suggest when the situation is in court, that this parties obtain financial mandatory disclosures dealt with in the beginning and after that visit mediation to eliminate the dispute efficiently devoid of the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Top court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. On an appointment, you can call (305) 266-9584 for the free consultation.
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