(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will discuss what is mediation and how mediation can facilitate the resolution of the family law case.
What exactly is MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed by the Court or selected through the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning something that is claimed in mediation stays because room. The Judge won’t uncover what occurs in mediation. This is helpful since it enables the parties to talk about their case using the mediator using the utmost confidence. The Mediator’s role is always to transmit only the information the party authorizes the mediator to discuss with all the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
HOW DOES MEDIATION WORK?
The parties enter the office of the mediator and, usually making use of their counsel, everyone sits in the room using the mediator. This can be the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. In the joint session, the parties provide an possibility to also give a gap statement. Following the joint session, the parties start to be able to rooms. This is what’s called a caucus the place that the party and his or her attorney sit with all the mediator away from the existence of the opposing party to go over the strengths and weaknesses of his or her case. The party then provides mediator a deal to use that she or he wishes the mediator to provide to another side. The mediator’s role now becomes one of a negotiator heading back and forth between the parties until hopefully a legal 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 known as presuit mediation in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. Here is the cheapest strategy to resolve a dispute plus it saves the parties lots of money in legal fees. Needless to say, in the event the case is hotly contested as well as the case won’t settle, then your parties must litigate the truth but mediation is still an alternative before a trial.
IS MEDIATION Less than LITIGATION?
Yes mediation costs less than litigation since the mediator charges an hourly rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then your case is prepared for Final Hearing before the Judge.
I propose if the truth is within court, that this parties obtain financial mandatory disclosures dealt with in the beginning then visit mediation to resolve the dispute efficiently devoid of the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 for a free consultation.
