MEDIATION IN FAMILY LAW CASES

(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will discuss what is mediation and just how mediation can facilitate the resolution of a family law case.
Precisely what is MEDIATION?

Mediation can be a non-adversarial process by which a mediator is appointed with the Court or selected with the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is claimed in mediation stays for the reason that room. The Judge won’t find what is situated mediation. This really is helpful because it permits the parties to talk about their case together with the mediator together with the utmost confidence. The Mediator’s role is to transmit only the information the party authorizes the mediator to talk about using the other party.
Who are able to Undergo MEDIATION?

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

The parties go into the office with the mediator and, usually with their counsel, and everybody sits in a room together with the mediator. This is the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. In the joint session, the parties have an possiblity to also give a gap statement. After the joint session, the parties begin to different rooms. This is whats called a caucus where the party with his fantastic or her attorney sit with the mediator not in the existence of the opposing party to discuss the weaknesses and strengths of their case. The party then provides mediator an offer to work with that he or she wishes the mediator to provide to another side. The mediator’s role now becomes certainly one of a negotiator returning and forth relating to the parties until hopefully a legal contract is reached as to every one of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?

Yes. This is what’s called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is actually the cheapest way to resolve a dispute and yes it saves the parties a lot of money in legal fees. Needless to say, if your case is hotly contested as well as the case won’t settle, then this parties must litigate the truth but mediation is still an option before a trial.
IS MEDIATION Less expensive LITIGATION?

Yes mediation costs less than litigation for the reason that mediator charges per hour rate split between your parties and, in the event you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then your case is in a position for Final Hearing prior to Judge.

I recommend when the case is at court, that the parties get their financial mandatory disclosures taken care of in the beginning and after that visit mediation to settle the dispute efficiently minus the worth of unnecessary attorney fees.

Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for any free consultation.

To read more about divorce attorney miami free consultation please visit net page: look at here now.

Leave a Reply