(Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to mention precisely what is mediation and the way mediation can facilitate the resolution of the divorce case.
Precisely what is MEDIATION?
Mediation is often a non-adversarial process by which a mediator is appointed with the Court or selected through the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever is said in mediation stays because room. The Judge won’t find out what happens in mediation. This is helpful as it permits the parties to talk about their case together with the mediator using the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to debate with the other party.
That can Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties go into the office from the mediator and, usually using counsel, everyone sits inside a room with the mediator. This is actually 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 provide an opportunity to also give an opening statement. Following your joint session, the parties then proceed to various rooms. This is whats called a caucus the location where the party and his awesome or her attorney sit together with the mediator outside the presence of the opposing party to debate the pros and cons of his / her case. The party then gives the mediator a package to work with that she / he wishes the mediator to provide to another side. The mediator’s role now becomes one among a negotiator returning and forth relating to the parties until hopefully an agreement is reached regarding all of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is whats called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is actually the cheapest strategy to resolve a dispute and yes it saves the parties big money in attorney’s fees. Of course, if the case is hotly contested and the case does not settle, then this parties must litigate true but mediation is still a possibility before a shot.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation because the mediator charges an hourly rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then a case is ready for Final Hearing ahead of the Judge.
I would recommend that if the case is within court, that the parties obtain financial mandatory disclosures dealt with at the beginning after which check out mediation to solve the dispute efficiently with no cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator and also 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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