MEDIATION IN FAMILY LAW CASES

(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to discuss what’s mediation and exactly how mediation can facilitate the resolution of the divorce case.
Precisely what is MEDIATION?

Mediation is really a non-adversarial process through which a mediator is appointed from the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests whatever is claimed in mediation stays for the reason that room. The Judge will not find out what occurs in mediation. This really is helpful as it allows the parties to go over their case using the mediator with all the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to debate together with the other party.
Who is able to Undergo MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
HOW DOES MEDIATION WORK?

The parties type in the office from the mediator and, usually making use of their counsel, and everyone sits inside a room using the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties come with an opportunity to also give a gap statement. After the joint session, the parties begin to various rooms. This is called a caucus in which the party and the or her attorney sit using the mediator away from the existence of the opposing party to talk about the weaknesses and strengths of her or his case. The party then increases the mediator an offer to do business with that she / he wishes the mediator to give to another side. The mediator’s role now becomes one among a negotiator returning to college and forth relating to the parties until hopefully a contract is reached as to all the issues concerning child support, 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 eliminate their dispute. This can be the cheapest approach to resolve a dispute and yes it saves the parties a lot of cash in estate agent fees. Obviously, if your case is hotly contested as well as the case doesn’t settle, then this parties must litigate the truth but mediation remains to be an option before a trial.
IS MEDIATION Less than LITIGATION?

Yes mediation cost less than litigation because the mediator charges per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then the case is prepared for Final Hearing ahead of the Judge.

I propose that if the truth is in court, that this parties get their financial mandatory disclosures dealt with in the beginning and then head to mediation to resolve the dispute efficiently minus the cost of unnecessary attorney fees.

Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 to get a free consultation.

For more details about family attorney miami view this popular internet page.

Leave a Reply