(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to talk about what’s mediation and just how mediation can facilitate the resolution of your family law case.
What’s MEDIATION?
Mediation is really a non-adversarial process through which a mediator is appointed with the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that has been said in mediation stays in this room. The Judge does not discover what happens in mediation. This is helpful since it allows the parties to debate their case using the mediator together with the utmost confidence. The Mediator’s role is always to transmit merely the information the party authorizes the mediator to debate together with the other party.
That can Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties go into the office of the mediator and, usually making use of their counsel, and everybody 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 about the confidentiality of mediation. In the joint session, the parties have an possibility to also give an opening statement. As soon as the joint session, the parties start to various rooms. This is what’s called a caucus in which the party and his awesome or her attorney sit with all the mediator away from the presence of the opposing party to go over the pros and cons of her or his case. The party then provides the mediator a proposal to do business with that she / he wishes the mediator presenting to another side. The mediator’s role now becomes one among a negotiator returning and forth involving the parties until hopefully a contract is reached concerning each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is the cheapest way to resolve a dispute also it saves the parties lots of money in legal fees. Obviously, if the case is hotly contested as well as the case doesn’t settle, then your parties must litigate the situation but mediation continues to be an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation costs less than litigation because the mediator charges per hour rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case ready for Final Hearing prior to Judge.
I would recommend if the situation is at court, how the parties obtain financial mandatory disclosures out of the way from the outset after which visit mediation to eliminate 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 as well as family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 for the free consultation.
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