(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will discuss what exactly is mediation and the way mediation can facilitate the resolution of an divorce case.
What exactly is MEDIATION?
Mediation is a non-adversarial process in which a mediator is appointed through the Court or selected with the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means whatever has been said in mediation stays in this room. The Judge will not find out what happens in mediation. This can be helpful because it enables the parties to talk about their case using the mediator together with the utmost confidence. The Mediator’s role is to transmit merely the information the party authorizes the mediator to talk about using the other party.
That can Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?
The parties type in the office from the mediator and, usually making use of their counsel, and everybody sits in a room with the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties have an opportunity to also give a job opening statement. As soon as the joint session, the parties then proceed to various rooms. This is whats called a caucus in which the party and his awesome or her attorney sit with the mediator outside the existence of the opposing party to debate the pros and cons of his or her case. The party then provides mediator a deal to use that she or he wishes the mediator to present to the other side. The mediator’s role now becomes certainly one of a negotiator going back and forth between your parties until hopefully a legal contract is reached as to 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 the place that the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. Here is the cheapest method to resolve a dispute plus it saves the parties a lot of money in attorney’s fees. Obviously, in the event the case is hotly contested and also the case will not settle, then the parties must litigate the situation but mediation is still a possibility before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation for the reason that mediator charges an hourly rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then the case is in a position for Final Hearing before the Judge.
I would recommend if the truth is at court, that the parties manage to get thier financial mandatory disclosures taken care of in the beginning and then go to mediation to eliminate the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme Court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for a free consultation.
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