(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about precisely what is mediation and the way mediation can facilitate the resolution of an family law case.
What’s MEDIATION?
Mediation is a non-adversarial process by which a mediator is appointed from the Court or selected by the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which means anything that has been said in mediation stays in that room. The Judge will not find what occur in mediation. This can be helpful as it permits the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to discuss together with the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties enter in the office with the mediator and, usually with their counsel, everyone sits inside a room together with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. On the joint session, the parties provide an possiblity to also give a job opening statement. As soon as the joint session, the parties then proceed to several rooms. This is known as a caucus in which the party and the or her attorney sit with all the mediator away from the presence of the opposing party to talk about the weaknesses and strengths of her or his case. The party then provides mediator a proposal to do business with that he or she wishes the mediator presenting to another side. The mediator’s role now becomes certainly one of a negotiator returning and forth relating to the parties until hopefully a partnership is reached regarding all of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is what’s called presuit mediation where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is actually the cheapest method to resolve a dispute also it saves the parties a lot of cash in estate agent fees. Of course, in the event the case is hotly contested and the case doesn’t settle, then a parties must litigate the truth but mediation is still an option before a shot.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation as the mediator charges per hour rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then this case is ready for Final Hearing ahead of the Judge.
I would recommend if true is within court, that the parties acquire financial mandatory disclosures dealt with from the outset and after that visit mediation to solve the dispute efficiently devoid of the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. For an appointment, you can call (305) 266-9584 for the free consultation.