(Sponsored through 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.
Precisely what is MEDIATION?
Mediation is really a non-adversarial process where a mediator is appointed from the Court or selected by the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests anything that is considered in mediation stays in that room. The Judge does not find out what occurs in mediation. This really is helpful because it allows the parties to go over their case with all the mediator with the utmost confidence. The Mediator’s role is always to transmit exactly the information the party authorizes the mediator to debate using the other party.
Who is able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties enter in the office from the mediator and, usually with their counsel, and everybody sits inside a room using the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties have an possibility to also give an opening statement. Following your joint session, the parties begin to different rooms. This is called a caucus in which the party with his fantastic or her attorney sit with all the mediator away from the existence of the opposing party to go over the pros and cons of her or his case. The party then gives 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 between your parties until hopefully an agreement is reached as to all 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 known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest strategy to resolve a dispute and yes it saves the parties a lot of money in legal fees. Needless to say, when the case is hotly contested and the case will not settle, then this parties must litigate the case but mediation remains to be an alternative before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation since the mediator charges an hourly rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case is ready for Final Hearing prior to the Judge.
I would recommend that when the situation is in court, how the parties get their financial mandatory disclosures out of the way in the beginning then check out mediation to eliminate the dispute efficiently devoid of the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. For an appointment, you’ll be able to call (305) 266-9584 for any free consultation.
More details about divorce attorney miami free consultation you can check our resource.