(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will discuss what exactly is mediation and the way mediation can facilitate the resolution of an divorce case.
WHAT IS MEDIATION?
Mediation is often a non-adversarial process by which a mediator is appointed with the Court or selected with the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that is considered in mediation stays for the reason that room. The Judge will not find out what occur in mediation. This really is helpful as it allows the parties to talk about their case together with the mediator together with the utmost confidence. The Mediator’s role is always to transmit exactly the information the party authorizes the mediator to go over together with the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
So how exactly does MEDIATION WORK?
The parties enter in the office in the mediator and, usually with their counsel, and everybody sits within a room with the mediator. This is actually the joint session. The mediator gives a dent statement and reminds the parties regarding the confidentiality of mediation. In the joint session, the parties provide an opportunity to also give a dent statement. Following the joint session, the parties start to different rooms. This is known as a caucus where the party and his awesome or her attorney sit together with the mediator away from the existence of the opposing party to debate the pros and cons of his / her case. The party then provides the mediator a proposal to use that she or he wishes the mediator presenting to the other side. The mediator’s role now becomes one among a negotiator returning to college and forth relating to the parties until hopefully a contract is reached as to each of the issues concerning supporting your children, 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 resolve their dispute. Here is the cheapest method to resolve a dispute and yes it saves the parties big money in legal fees. Naturally, when the case is hotly contested along with the case will not settle, then your parties must litigate the truth but mediation remains to be an option before an effort.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation is cheaper 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 as well as the parties sign it. Then a case ready for Final Hearing prior to Judge.
I recommend that if the truth is in court, the parties manage to get thier financial mandatory disclosures dealt with at the start and after that check out mediation to resolve the dispute efficiently without the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.
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