(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to talk about what’s mediation and exactly how mediation can facilitate the resolution of a divorce case.
What exactly is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed from the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means any situation that is considered in mediation stays because room. The Judge won’t uncover what occur in mediation. This can be helpful as it allows the parties to talk about their case together with the mediator using the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to talk about together with the other party.
That can SUBMIT TO 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 in the mediator and, usually using their counsel, and everyone sits in a room together with the mediator. Here is the joint session. The mediator gives a dent statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties have an opportunity to also give an opening statement. Following the joint session, the parties begin to various rooms. This is known as a caucus the place that the party and the or her attorney sit with all the mediator outside the presence of the opposing party to discuss the pros and cons of their case. The party then increases the mediator a proposal to use that he or she wishes the mediator to give to the other side. The mediator’s role now becomes certainly one of a negotiator returning to college and forth relating to the parties until hopefully a contract is reached concerning all 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 where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest method to resolve a dispute and yes it saves the parties a lot of cash in estate agent fees. Naturally, in the event the case is hotly contested and also the case will not settle, then the parties must litigate true but mediation is still a possibility before a shot.
IS MEDIATION Less expensive LITIGATION?
Yes mediation costs less than litigation because the mediator charges per hour rate split relating to the parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case ready for Final Hearing before the Judge.
I suggest if true is in court, that this parties get their financial mandatory disclosures off the beaten track at the start then check out mediation to solve the dispute efficiently minus the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Top court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 to get a free consultation.
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