(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am about to talk about what’s mediation and just how mediation can facilitate the resolution of a divorce case.
WHAT IS MEDIATION?
Mediation is a non-adversarial process by which a mediator is appointed from the Court or selected through the parties to help 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 does not find what occur in mediation. This really is helpful given it enables the parties to debate their case together with the mediator with the utmost confidence. The Mediator’s role is usually to transmit merely the information the party authorizes the mediator to talk about together with the other party.
That can Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
HOW DOES MEDIATION WORK?
The parties go into the office of the mediator and, usually using their counsel, everyone sits inside a room with all the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties provide an possibility to also give a job opening statement. After the joint session, the parties start to be able to rooms. This is known as a caucus where the party and his or her attorney sit with all the mediator not in the existence of the opposing party to discuss the strengths and weaknesses of their case. The party then provides mediator an offer to utilize that he or she wishes the mediator to provide to another side. The mediator’s role now becomes one among a negotiator heading back and forth relating to the parties until hopefully a partnership is reached as to every one of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is called presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is actually the cheapest strategy to resolve a dispute also it saves the parties lots of money in legal fees. Needless to say, in the event the case is hotly contested and also the case does not settle, then a parties must litigate the truth but mediation remains to be a choice before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation will be less than litigation as the mediator charges an hourly rate split involving the parties and, if you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then this case ready for Final Hearing ahead of the Judge.
I suggest that if the situation is court, how the parties manage to get thier financial mandatory disclosures taken care of at the start then head to mediation to solve the dispute efficiently minus 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. For an appointment, you are able to call (305) 266-9584 for any free consultation.
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