(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to talk about precisely what is mediation and the way mediation can facilitate the resolution of the divorce case.
Precisely what is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed by the Court or selected by the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that has been said in mediation stays because room. The Judge will not find out what is situated mediation. That is helpful because it allows the parties to talk about their case with the mediator with the utmost confidence. The Mediator’s role is always to transmit merely the information the party authorizes the mediator to debate using the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
So how exactly does MEDIATION WORK?
The parties enter the office of the mediator and, usually using their counsel, and everybody sits inside a room using the mediator. This can be the joint session. The mediator gives an opening statement and reminds the parties regarding the confidentiality of mediation. In the joint session, the parties offer an possibility to also give a job opening statement. Following the joint session, the parties then proceed to different rooms. This is known as a caucus the location where the party and his or her attorney sit with the mediator outside of the presence of the opposing party to debate the weaknesses and strengths of his / her case. The party then gives the mediator a proposal to utilize that she or he wishes the mediator to give to the other side. The mediator’s role now becomes among a negotiator returning to college and forth between your parties until hopefully a contract is reached as to all the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is whats called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. Here is the cheapest method to resolve a dispute also it saves the parties lots of money in attorney’s fees. Of course, if the case is hotly contested and also the case won’t settle, then your parties must litigate the case but mediation is still an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation because the mediator charges an hourly rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case is prepared for Final Hearing prior to Judge.
I would recommend when true is court, how the parties manage to get thier financial mandatory disclosures out of the way at the start and then go to mediation to resolve the dispute efficiently minus the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Top court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. On an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.
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