(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to talk about what is mediation and how mediation can facilitate the resolution of your family law case.
What’s MEDIATION?
Mediation is really a non-adversarial process where a mediator is appointed with the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever has been said in mediation stays in that room. The Judge does not find what is situated mediation. This really is helpful as it enables the parties to discuss their case with all the mediator with all the utmost confidence. The Mediator’s role is to transmit just the information the party authorizes the mediator to discuss with the other party.
That can Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
How can MEDIATION WORK?
The parties enter in the office from the mediator and, usually with their counsel, and everybody sits inside a room together 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. At the joint session, the parties come with an opportunity to also give a job opening statement. Following the joint session, the parties then proceed to different rooms. This is called a caucus in which the party and the or her attorney sit using the mediator outside of the presence of the opposing party to debate the pros and cons of their case. The party then provides mediator a deal to work with that she or he wishes the mediator presenting to the other side. The mediator’s role now becomes one of a negotiator heading back and forth between your parties until hopefully a contract is reached concerning each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is called presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. Here is the cheapest approach to resolve a dispute and yes it saves the parties lots of money in legal fees. Naturally, if the case is hotly contested as well as the case doesn’t settle, then a parties must litigate the truth but mediation continues to be an alternative before an effort.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation because the mediator charges per hour rate split between the parties and, if you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case is ready for Final Hearing prior to the Judge.
I recommend if the case is within court, the parties obtain financial mandatory disclosures taken care of in the beginning after which visit mediation to solve the dispute efficiently devoid of the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. For an appointment, it is possible to call (305) 266-9584 for a free consultation.
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