(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am about to talk about what is mediation and exactly how mediation can facilitate the resolution of the divorce case.
What exactly is MEDIATION?
Mediation can be a non-adversarial process by which a mediator is appointed with the Court or selected through the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning something that is claimed in mediation stays in that room. The Judge doesn’t discover what occur in mediation. This really is helpful as it allows the parties to discuss their case with the mediator with the utmost confidence. The Mediator’s role is usually to transmit just the information the party authorizes the mediator to discuss with the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
What makes MEDIATION WORK?
The parties go into the office of the mediator and, usually using counsel, and everyone sits inside a room using the mediator. This is the joint session. The mediator gives a dent statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties come with an opportunity to also give a dent statement. Following the joint session, the parties start to different rooms. This is whats called a caucus the place that the party with his fantastic or her attorney sit with the mediator not in the presence of the opposing party to debate the strengths and weaknesses of her or his case. The party then gives the mediator a deal to use that she / he wishes the mediator to give to another side. The mediator’s role now becomes one of a negotiator returning and forth between your parties until hopefully an agreement is reached concerning all 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 known as presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest strategy to resolve a dispute and yes it saves the parties a lot of money in attorney’s fees. Needless to say, when the case is hotly contested along with the case will not settle, then your parties must litigate the situation but mediation remains a possibility before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation cost less than litigation as the mediator charges per hour rate split relating to the parties and, in the event you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case is prepared for Final Hearing ahead of the Judge.
I would recommend when the situation is at court, that this parties acquire financial mandatory disclosures off the beaten track from the outset and then visit mediation to settle the dispute efficiently without the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often 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 any free consultation.
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