(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am about to speak about precisely what is mediation and how mediation can facilitate the resolution of the divorce case.
WHAT IS MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed through the Court or selected by the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which suggests whatever has been said in mediation stays in that room. The Judge does not discover what occur in mediation. That is helpful given it enables the parties to debate their case using the mediator using the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to go over using the other party.
Who is able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
What makes MEDIATION WORK?
The parties go into the office from the mediator and, usually with their counsel, 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. On the joint session, the parties offer an opportunity to also give a gap statement. Following the joint session, the parties start to different rooms. This is whats called a caucus the place that the party with his fantastic or her attorney sit together with the mediator outside of the existence of the opposing party to go over the strengths and weaknesses of their case. The party then provides mediator a package to use that he / she 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 a contract is reached concerning each of the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT 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. Here is the cheapest approach to resolve a dispute and yes it saves the parties a lot of money in attorney’s fees. Of course, when the case is hotly contested along with the case won’t settle, then your parties must litigate true but mediation continues to be a possibility before a trial.
IS MEDIATION Less expensive LITIGATION?
Yes mediation is cheaper than litigation for the reason that mediator charges per hour rate split between the parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case ready for Final Hearing prior to the Judge.
I recommend when the truth is in court, the parties obtain financial mandatory disclosures dealt with from the outset after which go to mediation to eliminate the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. To have an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.