(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to talk about what’s mediation and how mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation can be a non-adversarial process in which a mediator is appointed by the Court or selected by the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which means anything that is considered in mediation stays in that room. The Judge won’t find out what is situated mediation. That is helpful since it permits the parties to go over their case with the mediator using the utmost confidence. The Mediator’s role is usually to transmit only the information the party authorizes the mediator to debate with the other party.
That can SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
How can MEDIATION WORK?
The parties enter the office of the mediator and, usually with their counsel, and everyone sits in the room together with the mediator. This is actually the joint session. The mediator gives a job opening statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties have an chance to also give a gap statement. As soon as the joint session, the parties then proceed to different rooms. This is what’s called a caucus the place that the party and his awesome or her attorney sit together with the mediator away from the existence of the opposing party to talk about the good and bad points of their case. The party then gives the mediator a package to utilize that he or she wishes the mediator to provide to the other side. The mediator’s role now becomes among a negotiator returning to college and forth involving the parties until hopefully an agreement is reached about every one 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 called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to settle their dispute. Here is the cheapest approach to resolve a dispute also it saves the parties a lot of cash in estate agent fees. Of course, when the case is hotly contested and the case won’t settle, then the parties must litigate the case but mediation continues to be an alternative before an effort.
IS MEDIATION Less expensive LITIGATION?
Yes mediation costs less than litigation because the mediator charges a per hour rate split between the parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then this case is in a position for Final Hearing prior to Judge.
I propose if the case is at court, how the parties acquire financial mandatory disclosures out of the way from the outset after which visit mediation to resolve the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. For an appointment, you’ll be able to call (305) 266-9584 for a free consultation.
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