MEDIATION IN FAMILY LAW CASES

(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to mention what exactly is mediation and the way mediation can facilitate the resolution of an family law case.
Precisely what is MEDIATION?

Mediation can be a non-adversarial process where a mediator is appointed by the Court or selected with the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which means whatever is claimed in mediation stays for the reason that room. The Judge won’t find what happens in mediation. This can be helpful because it allows the parties to discuss their case together with the mediator using the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to go over with the other party.
Who are able to Endure MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?

The parties go into the office with the mediator and, usually using counsel, and everybody sits inside a room together with the mediator. This can be the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. On the joint session, the parties offer an possiblity to also give a dent statement. After the joint session, the parties then proceed to be able to rooms. This is called a caucus the place that the party and his awesome or her attorney sit with all the mediator not in the presence of the opposing party to debate the weaknesses and strengths of their case. The party then increases the mediator an offer to utilize that she / he wishes the mediator to provide to the other side. The mediator’s role now becomes certainly one of a negotiator heading back and forth relating to the parties until hopefully an agreement is reached regarding each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?

Yes. This is what’s called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest approach to resolve a dispute also it saves the parties a lot of cash in estate agent fees. Naturally, in the event the case is hotly contested as well as the case won’t settle, then the parties must litigate true but mediation remains a choice before a trial.
IS MEDIATION Less expensive LITIGATION?

Yes mediation is cheaper than litigation because the mediator charges per hour rate split between the parties and, if you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then a case is in a position for Final Hearing before the Judge.

I propose that if the case is court, the parties get their financial mandatory disclosures off the beaten track at the start and then go to mediation to resolve the dispute efficiently devoid of the worth of unnecessary attorney fees.

Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 for the free consultation.