MEDIATION IN FAMILY LAW CASES

(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to mention what is mediation and the way mediation can facilitate the resolution of an divorce case.
What exactly is MEDIATION?

Mediation is often a non-adversarial process by which a mediator is appointed by the Court or selected with the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which means something that is considered in mediation stays for the reason that room. The Judge doesn’t uncover what occurs in mediation. This can be helpful given it allows the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to go over with all the other party.
Who is able to SUBMIT TO MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?

The parties enter the office with the mediator and, usually with their counsel, everyone sits inside a room using the mediator. This is the joint session. The mediator gives a gap statement and reminds the parties concerning the confidentiality of mediation. At the joint session, the parties come with an possiblity to also give a job opening statement. Following your joint session, the parties begin to be able to rooms. This is whats called a caucus the place that the party and his or her attorney sit with the mediator outside of the presence of the opposing party to discuss the weaknesses and strengths of her or his case. The party then provides mediator a deal to use that she / he wishes the mediator to provide to the other side. The mediator’s role now becomes one of a negotiator heading back and forth between your parties until hopefully a contract is reached about each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?

Yes. This is what’s called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. Here is the cheapest way to resolve a dispute and it saves the parties lots of money in legal fees. Naturally, if your case is hotly contested as well as the case won’t settle, then a parties must litigate the truth but mediation remains a choice before an endeavor.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation is cheaper than litigation because the mediator charges a per hour rate split relating to the parties and, in the event you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is ready for Final Hearing before the Judge.

I would recommend when true is at court, how the parties acquire financial mandatory disclosures off the beaten track at the beginning after which visit mediation to solve the dispute efficiently devoid of the cost of unnecessary attorney fees.

Arturo R. Alfonso, Esq can be a Top court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. To have an appointment, you’ll be able to call (305) 266-9584 for the free consultation.

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