(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to speak about precisely what is mediation and how mediation can facilitate the resolution of an family law case.
Precisely what is MEDIATION?
Mediation is often a non-adversarial process by 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 meaning something that is claimed in mediation stays in this room. The Judge won’t discover what occur in mediation. This really is helpful given it permits the parties to talk about their case with the mediator with the utmost confidence. The Mediator’s role is usually to transmit exactly the information the party authorizes the mediator to discuss with the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
HOW DOES MEDIATION WORK?
The parties enter in the office in the mediator and, usually using counsel, and everybody sits in the room with all the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties offer an possiblity to also give an opening statement. Following the joint session, the parties begin to various rooms. This is called a caucus the location where the party and his or her attorney sit using the mediator not in the presence of the opposing party to debate the strengths and weaknesses of their case. The party then provides the mediator an offer to do business with that she or he wishes the mediator to provide to another side. The mediator’s role now becomes among a negotiator returning and forth involving the parties until hopefully a contract is reached about all 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 location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This can be the cheapest strategy to resolve a dispute also it saves the parties a lot of cash in estate agent fees. Needless to say, in the event the case is hotly contested along with the case does not settle, then the parties must litigate the situation but mediation remains to be an alternative before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation cost less than litigation as the mediator charges per hour rate split involving the parties and, in the event you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then your case is prepared for Final Hearing before the Judge.
I suggest that if true is at court, the parties acquire financial mandatory disclosures dealt with from the outset and after that head to mediation to solve the dispute efficiently with no 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. With an appointment, you can call (305) 266-9584 for any free consultation.