(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to speak about what exactly is mediation and the way mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed through the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that is considered in mediation stays in this room. The Judge does not find what happens in mediation. That is helpful as it enables the parties to talk about their case with the mediator with all the utmost confidence. The Mediator’s role is to transmit just the information the party authorizes the mediator to go over using the other party.
That can Post to 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 with their counsel, and everybody sits in a room using the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. At the joint session, the parties have an possibility to also give a gap statement. After the joint session, the parties then proceed to various rooms. This is whats called a caucus the place that the party and the or her attorney sit together with the mediator outside the existence of the opposing party to talk about the weaknesses and strengths of his or her case. The party then gives the mediator a proposal to do business with that he or she wishes the mediator to give to another side. The mediator’s role now becomes one of a negotiator returning to college and forth relating to the parties until hopefully a legal contract is reached concerning all 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 whats called presuit mediation where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is actually the cheapest approach to resolve a dispute plus it saves the parties a lot of money in attorney’s fees. Obviously, if the case is hotly contested and the case won’t settle, then your parties must litigate the situation but mediation remains a possibility before a shot.
IS MEDIATION Less expensive LITIGATION?
Yes mediation is cheaper than litigation since the mediator charges a per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then a case ready for Final Hearing before the Judge.
I suggest that if the truth is within court, that this parties manage to get thier financial mandatory disclosures off the beaten track in the beginning then head to mediation to solve the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 to get a free consultation.
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