(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will discuss what is mediation and just how mediation can facilitate the resolution of the family law case.
WHAT IS MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed with the Court or selected with the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which means any situation that has been said in mediation stays in that room. The Judge doesn’t uncover what occurs in mediation. This is helpful given it allows the parties to go over their case with the mediator together with the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to discuss with all the other party.
Who is able to SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties enter in the office from the mediator and, usually making use of their counsel, and everyone sits in the room together with the mediator. This is actually the joint session. The mediator gives a job opening statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties offer an chance to also give a dent statement. Following the joint session, the parties begin to several rooms. This is whats called a caucus the place that the party and his or her attorney sit with the mediator outside of the existence of the opposing party to go over the strengths and weaknesses of his / her case. The party then provides the mediator an offer to utilize that she or he wishes the mediator presenting to another side. The mediator’s role now becomes certainly one of a negotiator going back and forth involving the parties until hopefully a legal contract is reached regarding all of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is known as 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 lots of money in legal fees. Naturally, if your case is hotly contested and the case will not settle, then the parties must litigate the case but mediation is still a possibility before an effort.
IS MEDIATION Less than LITIGATION?
Yes mediation will be 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 as well as the parties sign it. Then your case is prepared for Final Hearing prior to Judge.
I would recommend when the situation is in court, that the parties get their financial mandatory disclosures dealt with at the start and after that check out mediation to eliminate the dispute efficiently with no cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 to get a free consultation.
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