(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will mention what’s mediation and just how mediation can facilitate the resolution of a divorce case.
What’s MEDIATION?
Mediation is really a non-adversarial process through which a mediator is appointed from the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means something that is considered in mediation stays in that room. The Judge will not uncover what occurs in mediation. This can be helpful given it enables the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to debate using the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties enter the office with the mediator and, usually with their counsel, and everybody sits in the room with all the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties about the confidentiality of mediation. On the joint session, the parties come with an opportunity to also give a job opening statement. Following your joint session, the parties begin to different rooms. This is whats called a caucus the place that the party and the or her attorney sit with the mediator outside the existence of the opposing party to talk about the pros and cons of her or his case. The party then increases the mediator a deal to work with 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 and forth between the parties until hopefully a partnership is reached about all the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is whats called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest way to resolve a dispute also it saves the parties lots of money in legal fees. Of course, if the case is hotly contested and also the case won’t settle, then the parties must litigate the situation but mediation remains a choice before a shot.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation cost less than litigation for the reason that mediator charges a per hour rate split involving the parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is in a position for Final Hearing prior to the Judge.
I suggest that if the situation is in court, how the parties get their financial mandatory disclosures out of the way from the outset then head to mediation to resolve the dispute efficiently devoid of the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. For an appointment, it is possible to call (305) 266-9584 to get a free consultation.
