(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about what’s mediation and the way mediation can facilitate the resolution of an divorce case.
What exactly is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed from the Court or selected through the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning any situation that has been said in mediation stays in this room. The Judge doesn’t find what occur in mediation. This really is helpful given it permits the parties to debate their case using the mediator with all the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to go over with all the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
How can MEDIATION WORK?
The parties enter the office from the mediator and, usually using counsel, and everyone sits within a room with all the mediator. This is actually the joint session. The mediator gives a dent statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties come with an opportunity to also give an opening statement. Following the joint session, the parties then proceed to be able to rooms. This is what’s called a caucus the location where the party with his fantastic or her attorney sit with all the mediator away from the existence of the opposing party to debate the pros and cons of her or his case. The party then gives the mediator a proposal to do business with that she or he wishes the mediator to present to the other side. The mediator’s role now becomes one of a negotiator returning to college and forth involving the parties until hopefully an agreement is reached regarding each of the issues concerning child support, 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 in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This can be the cheapest strategy to resolve a dispute and yes it saves the parties a lot of cash in legal fees. Needless to say, if your case is hotly contested and the case doesn’t settle, then this parties must litigate true but mediation remains to be a possibility before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation for the reason that mediator charges a per hour rate split involving the parties and, if you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then this case is in a position for Final Hearing before the Judge.
I recommend when the situation is in court, that this parties obtain financial mandatory disclosures dealt with from the outset and after that visit mediation to solve the dispute efficiently devoid of the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for the free consultation.
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