(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about what exactly is mediation and exactly how mediation can facilitate the resolution of your family law case.
What’s MEDIATION?
Mediation is often a non-adversarial process where a mediator is appointed by the Court or selected from the parties to help the parties in resolving their case. The mediation process is bound by confidentiality this means anything that is said in mediation stays because room. The Judge doesn’t find what occurs in mediation. That is helpful since it enables the parties to talk about their case together with the mediator with the utmost confidence. The Mediator’s role is to transmit merely the information the party authorizes the mediator to talk about with the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
HOW DOES MEDIATION WORK?
The parties enter in the office of the mediator and, usually making use of their counsel, and everyone sits inside a room with the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties have an possibility to also give a job opening statement. After the joint session, the parties begin to several rooms. This is whats called a caucus in which the party and the or her attorney sit using the mediator not in the presence of the opposing party to talk about the weaknesses and strengths of her or his case. The party then provides the mediator a proposal to use that she / he wishes the mediator to provide to another side. The mediator’s role now becomes certainly one of a negotiator returning to college and forth relating to the parties until hopefully a legal contract is reached regarding each of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is known as presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest strategy to resolve a dispute and it saves the parties lots of money in legal fees. Naturally, if your case is hotly contested and also the case does not settle, then your parties must litigate the truth but mediation remains a possibility before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation costs less than litigation for the reason that mediator charges per hour rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then your case is in a position for Final Hearing prior to Judge.
I propose that if the truth is within court, that this parties manage to get thier financial mandatory disclosures taken care of from the outset after which visit mediation to solve the dispute efficiently with no cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. For an appointment, you can call (305) 266-9584 for the free consultation.
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