(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about what’s mediation and the way mediation can facilitate the resolution of a divorce case.
What exactly is MEDIATION?
Mediation can be a non-adversarial process in 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 suggests any situation that is claimed in mediation stays for the reason that room. The Judge won’t discover what occurs in mediation. This can be helpful as it allows the parties to debate their case together with the mediator together with the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to go over together with the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties type in the office in the mediator and, usually using counsel, everyone sits inside a room together with the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties concerning the confidentiality of mediation. On the joint session, the parties provide an chance to also give a dent statement. As soon as the joint session, the parties start to various rooms. This is known as a caucus where the party and the or her attorney sit with the mediator outside the presence of the opposing party to talk about the pros and cons of his or her case. The party then provides the mediator an offer to do business with that she / he wishes the mediator presenting to the other side. The mediator’s role now becomes certainly one of a negotiator heading back and forth involving the parties until hopefully a contract is reached as to all of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is whats 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 and it saves the parties lots of money in legal fees. Needless to say, when the case is hotly contested and also the case doesn’t settle, then a parties must litigate the truth but mediation remains an alternative before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation since the mediator charges an hourly rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case ready for Final Hearing before the Judge.
I recommend when the case is within court, that the parties manage to get thier financial mandatory disclosures off the beaten track at the beginning and after that check out mediation to settle 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 along with divorce attorney in Miami Dade County, FL. On an appointment, you can call (305) 266-9584 for the free consultation.