(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will talk about what exactly is mediation and just how mediation can facilitate the resolution of your family law case.
Precisely what is MEDIATION?
Mediation can be a non-adversarial process by which a mediator is appointed through the Court or selected through the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means anything that has been said in mediation stays in that room. The Judge does not find what happens in mediation. That is helpful since it allows the parties to talk about their case together with the mediator using the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to talk about using the other party.
WHO CAN Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties enter the office of the mediator and, usually using their counsel, and everybody sits in the room using the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties regarding the confidentiality of mediation. On the joint session, the parties offer an possibility to also give a gap statement. As soon as the joint session, the parties then proceed to various rooms. This is what’s called a caucus the location where the party and his awesome or her attorney sit together with the mediator not in the existence of the opposing party to discuss the weaknesses and strengths of his / her case. The party then increases the mediator a deal to use that he / she wishes the mediator to present to the other side. The mediator’s role now becomes among a negotiator returning to college and forth between the parties until hopefully a contract is reached about each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. Here is the cheapest way to resolve a dispute plus it saves the parties a lot of cash in hips. Of course, when the case is hotly contested as well as the case does not settle, then your parties must litigate true but mediation is still a possibility before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation cost less than litigation for the reason that mediator charges an hourly rate split between your parties and, in the event you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then a case is ready for Final Hearing prior to Judge.
I propose that when true is at court, that the parties obtain financial mandatory disclosures out of the way at the beginning and then head to mediation to settle the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme Court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for any free consultation.
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