(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will talk about precisely what is mediation and how mediation can facilitate the resolution of your family law case.
What’s MEDIATION?
Mediation is often a non-adversarial process by which a mediator is appointed with the Court or selected with the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which means something that is claimed in mediation stays in that room. The Judge will not find out what occurs in mediation. This is helpful given it enables the parties to talk about their case with all the mediator together with the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to talk about together with the other party.
Who are able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties type in the office from the mediator and, usually using their counsel, and everybody sits inside a room with the mediator. This is the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties offer an chance to also give a dent statement. Following the joint session, the parties begin to several rooms. This is called a caucus the location where the party and his or her attorney sit with the mediator not in the presence of the opposing party to go over the weaknesses and strengths of his / her case. The party then increases the mediator a proposal to do business with that she or he wishes the mediator to present to another side. The mediator’s role now becomes among a negotiator returning and forth between the parties until hopefully a legal contract is reached as to each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is known as presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest approach to resolve a dispute and it saves the parties a lot of money in estate agent fees. Naturally, in the event the case is hotly contested and the case will not settle, then this parties must litigate the case but mediation is still a possibility before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation as the mediator charges a per hour rate split between 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 prior to Judge.
I propose that when true is court, the parties obtain financial mandatory disclosures off the beaten track at the start after which head to mediation to resolve the dispute efficiently minus the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. On an appointment, you can call (305) 266-9584 to get a free consultation.