(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will mention precisely what is mediation and just how mediation can facilitate the resolution of your divorce case.
WHAT IS MEDIATION?
Mediation is really a non-adversarial process by which a mediator is appointed by the Court or selected through the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means anything that is said in mediation stays because room. The Judge will not find out what is situated mediation. This can be helpful as it permits the parties to discuss their case using the mediator together with the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to talk about together with the other party.
That can SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
HOW DOES MEDIATION WORK?
The parties enter the office in the mediator and, usually using counsel, and everyone sits in the room with all the mediator. This can be the joint session. The mediator gives a gap statement and reminds the parties in regards to the confidentiality of mediation. At the joint session, the parties come with an possibility to also give a job opening statement. As soon as the joint session, the parties start to several rooms. This is called a caucus the place that the party and the or her attorney sit together with the mediator not in the existence of the opposing party to go over the good and bad points of his or her case. The party then gives the mediator an offer to work with that she / he wishes the mediator to give to the other side. The mediator’s role now becomes certainly one of a negotiator going back and forth relating to the parties until hopefully a contract is reached regarding every one of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is whats called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is actually the cheapest approach to resolve a dispute also it saves the parties big money in attorney’s fees. Naturally, when the case is hotly contested and the case will not settle, then the parties must litigate the situation but mediation continues to be an option before an effort.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation cost less than litigation for the reason that mediator charges an hourly rate split between the parties and, if you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case ready for Final Hearing ahead of the Judge.
I suggest when the case is within court, that this parties acquire financial mandatory disclosures dealt with in the beginning then head to mediation to eliminate the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, it is possible to call (305) 266-9584 for the free consultation.
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