(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to talk about precisely what is mediation and the way mediation can facilitate the resolution of the family law case.
What’s MEDIATION?
Mediation is often a non-adversarial process by which a mediator is appointed through the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality this means any situation that is said in mediation stays because room. The Judge will not uncover what is situated mediation. That is helpful given it permits the parties to discuss 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 together with the other party.
WHO CAN Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
What makes MEDIATION WORK?
The parties go into the office from the mediator and, usually making use of their counsel, and everyone sits in a room together with the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties regarding the confidentiality of mediation. At the joint session, the parties come with an possibility to also give a dent statement. As soon as the joint session, the parties begin to several rooms. This is whats called a caucus in which the party and his or her attorney sit with the mediator outside of the existence of the opposing party to go over the good and bad points of his / her case. The party then provides the mediator a deal to use that he / she wishes the mediator to provide to another side. The mediator’s role now becomes one of a negotiator going back and forth between the parties until hopefully a partnership is reached about every one 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 location where the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is actually the cheapest way to resolve a dispute plus it saves the parties a lot of money in legal fees. Naturally, when the case is hotly contested as well as the case does not settle, then your parties must litigate true but mediation remains an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation because the mediator charges a per hour rate split between the parties and, if you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then this case ready for Final Hearing ahead of the Judge.
I propose if the truth is at court, that the parties manage to get thier financial mandatory disclosures off the beaten track in the beginning and after that visit mediation to solve the dispute efficiently with no expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Top court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.
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