(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to talk about precisely what is mediation and the way mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation is often a non-adversarial process where a mediator is appointed from the Court or selected through the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which means whatever is claimed in mediation stays for the reason that room. The Judge doesn’t uncover what is situated mediation. That is helpful given it enables the parties to go over their case with all the mediator together with the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to discuss using the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
HOW DOES MEDIATION WORK?
The parties go into the office of the mediator and, usually with their counsel, and everybody sits within a room using the mediator. This is the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. In the joint session, the parties have an possiblity to also give an opening statement. Following your joint session, the parties begin to be able to rooms. This is called a caucus in which the party and the or her attorney sit with the mediator away from the presence of the opposing party to discuss the good and bad points of his / her case. The party then provides the mediator a proposal to work with that she / he wishes the mediator to provide to the other side. The mediator’s role now becomes one of a negotiator going back and forth between your parties until hopefully a contract is reached regarding each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest strategy to resolve a dispute and yes it saves the parties big money in estate agent fees. Naturally, in the event the case is hotly contested and the case won’t settle, then your parties must litigate the truth but mediation remains an option before a shot.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then the case ready for Final Hearing ahead of the Judge.
I suggest that if true is court, the parties get their financial mandatory disclosures off the beaten track from the outset then go to mediation to settle the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme Court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. For an appointment, you are able to call (305) 266-9584 for a free consultation.
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