(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to speak about what exactly is mediation and just how mediation can facilitate the resolution of the divorce case.
What’s MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed through the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is considered in mediation stays for the reason that room. The Judge does not find out what occurs in mediation. This really is helpful since it permits the parties to discuss their case with 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 together with the other party.
WHO CAN SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
HOW DOES MEDIATION WORK?
The parties go into the office with the mediator and, usually using counsel, everyone sits within a room with all the mediator. This is the joint session. The mediator gives an opening statement and reminds the parties about the confidentiality of mediation. On the joint session, the parties offer an chance to also give a job opening statement. Following the joint session, the parties then proceed to various rooms. This is whats called a caucus in which the party and his awesome or her attorney sit with all the mediator away from the existence of the opposing party to debate the strengths and weaknesses of their case. The party then gives the mediator a proposal to use that he or she 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 legal contract is reached concerning each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is what’s called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. Here is the cheapest approach to resolve a dispute and it saves the parties a lot of money in attorney’s fees. Needless to say, if the case is hotly contested along with the case does not settle, then this parties must litigate the truth but mediation continues to be an alternative before a shot.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation as the mediator charges a per hour rate split involving the parties and, in case you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then the case ready for Final Hearing before the Judge.
I recommend if the truth is at court, how the parties obtain financial mandatory disclosures taken care of from the outset then visit mediation to eliminate the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme Court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 for the free consultation.
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