(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will talk about what exactly is mediation and exactly how mediation can facilitate the resolution of an family law case.
What exactly is MEDIATION?
Mediation is really a non-adversarial process by which a mediator is appointed by the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever is claimed in mediation stays because room. The Judge doesn’t find what occur in mediation. This is helpful since it allows the parties to debate their case together with the mediator with the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to debate with the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?
The parties enter in the office of the mediator and, usually making use of their counsel, and everyone sits within a room using the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties regarding the confidentiality of mediation. On the joint session, the parties provide an possibility to also give a dent statement. Following your joint session, the parties begin to be able to rooms. This is whats called a caucus in which the party and his or her attorney sit using the mediator outside the existence of the opposing party to debate the pros and cons of his or her case. The party then provides mediator a proposal to utilize that he or she wishes the mediator to give to the other side. The mediator’s role now becomes among a negotiator heading back and forth relating to the parties until hopefully an agreement is reached as to every one of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is known as presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest approach to resolve a dispute plus it saves the parties a lot of cash in legal fees. Needless to say, when the case is hotly contested and also the case won’t settle, then your parties must litigate true but mediation remains to be an alternative before a shot.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation costs less than litigation as the mediator charges an hourly rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then your case is ready for Final Hearing prior to Judge.
I suggest if the truth is in court, that this parties manage to get thier financial mandatory disclosures dealt with at the beginning after which visit mediation to resolve the dispute efficiently without the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for a free consultation.
More info about divorce attorney miami free consultation go to our web site.