(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will mention precisely what is mediation and just how mediation can facilitate the resolution of your divorce case.
What’s MEDIATION?
Mediation is often a non-adversarial process where a mediator is appointed by 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 any situation that is considered in mediation stays in this room. The Judge does not discover what happens in mediation. This really is helpful as it allows the parties to talk about their case using the mediator using the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to talk about with the other party.
Who are able to SUBMIT 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 in the mediator and, usually using their counsel, everyone sits within a room using the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties have an possibility to also give an opening statement. Following your joint session, the parties begin to various rooms. This is known as a caucus in which the party and his awesome or her attorney sit together with the mediator not in the presence of the opposing party to talk about the good and bad points of his / her case. The party then provides mediator a package to work with that she or he wishes the mediator presenting to another side. The mediator’s role now becomes one of a negotiator heading back and forth relating to the parties until hopefully a contract is reached as to each of the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is actually the cheapest way to resolve a dispute also it saves the parties a lot of cash in legal fees. Obviously, if your case is hotly contested as well as the case won’t settle, then a parties must litigate the case but mediation remains to be a choice before a trial.
IS MEDIATION Less than LITIGATION?
Yes mediation cost less than litigation since the mediator charges an hourly rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then this case is prepared for Final Hearing ahead of the Judge.
I propose when true is in court, that the parties get their financial mandatory disclosures taken care of at the beginning and then head to mediation to solve the dispute efficiently devoid of the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for the free consultation.
More details about family attorney miami go to this useful web portal.