(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to mention what’s mediation and how mediation can facilitate the resolution of the family law case.
What exactly is MEDIATION?
Mediation is often a non-adversarial process in which a mediator is appointed by the Court or selected from the parties to help the parties in resolving their case. The mediation process is bound by confidentiality meaning something that is considered in mediation stays for the reason that room. The Judge doesn’t find what occurs in mediation. That is helpful given it enables the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role is to transmit exactly the information the party authorizes the mediator to debate together with the other party.
Who are able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
How can MEDIATION WORK?
The parties type in the office in the mediator and, usually with their counsel, everyone sits in the room with the mediator. This is actually the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties have an chance to also give a dent statement. As soon as the joint session, the parties then proceed to several rooms. This is called a caucus the place that the party with his fantastic or her attorney sit together with the mediator outside the presence of the opposing party to debate the pros and cons of their case. The party then gives the mediator an offer to utilize that she or he wishes the mediator to present to another side. The mediator’s role now becomes one among a negotiator returning and forth between the parties until hopefully a partnership 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 in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is the cheapest strategy to resolve a dispute also it saves the parties a lot of cash in estate agent fees. Obviously, if the case is hotly contested and also the case doesn’t settle, then your parties must litigate true but mediation remains to be an alternative before a shot.
IS MEDIATION Less than LITIGATION?
Yes mediation costs less than litigation since the mediator charges a per hour rate split involving the parties and, in case you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then a case is ready for Final Hearing before the Judge.
I recommend when the case is in court, that this parties get their financial mandatory disclosures out of the way from the outset after which head to mediation to eliminate the dispute efficiently minus the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Top court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. For an appointment, it is possible to call (305) 266-9584 for the free consultation.