(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am about to talk about what exactly is mediation and how mediation can facilitate the resolution of an family law case.
What exactly is MEDIATION?
Mediation is a non-adversarial process by which 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 any situation that is claimed in mediation stays for the reason that room. The Judge won’t find out what occurs in mediation. This really is helpful given it allows the parties to discuss their case using the mediator together with the utmost confidence. The Mediator’s role is usually to transmit only the information the party authorizes the mediator to go over using the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
So how exactly does MEDIATION WORK?
The parties type in the office from the mediator and, usually using their counsel, and everyone sits within a room with all the mediator. This is actually the joint session. The mediator gives a job opening statement and reminds the parties concerning the confidentiality of mediation. On the joint session, the parties offer an possiblity to also give a gap statement. Following your joint session, the parties start to various rooms. This is whats called a caucus in which the party and his or her attorney sit using the mediator away from the presence of the opposing party to talk about the good and bad points of his or her case. The party then increases the mediator an offer to do business with that he or she wishes the mediator to provide to another side. The mediator’s role now becomes one among a negotiator going back and forth between your parties until hopefully a legal contract is reached concerning each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest method to resolve a dispute plus it saves the parties lots of money in attorney’s fees. Of course, in the event the case is hotly contested and also the case doesn’t settle, then the parties must litigate the truth but mediation continues to be a possibility before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges a per hour rate split involving the parties and, if you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case ready for Final Hearing prior to the Judge.
I would recommend that when the situation is within court, that this parties obtain financial mandatory disclosures dealt with at the beginning and after that visit mediation to resolve the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 to get a free consultation.