(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am about to speak about what is mediation and just how mediation can facilitate the resolution of a divorce case.
Precisely what is MEDIATION?
Mediation is really a non-adversarial process by which 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 something that is said in mediation stays for the reason that room. The Judge will not find out what occurs in mediation. That is helpful because it allows the parties to debate their case together 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 CAN Post to 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 in the mediator and, usually using counsel, everyone sits within a room together with the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties have an opportunity to also give a job opening statement. As soon as the joint session, the parties begin to various rooms. This is what’s called a caucus the location where the party with his fantastic or her attorney sit using the mediator outside the presence of the opposing party to go over the good and bad points of her or his case. The party then increases the mediator a package to utilize that he / she wishes the mediator presenting to the other side. The mediator’s role now becomes one among a negotiator returning and forth between the parties until hopefully an agreement is reached concerning all 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 the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is actually the cheapest way to resolve a dispute and it saves the parties a lot of money in attorney’s fees. Obviously, if the case is hotly contested along with the case doesn’t settle, then the parties must litigate true but mediation remains a possibility before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges a per hour rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then the case is in a position for Final Hearing prior to the Judge.
I recommend that if the truth is court, that the parties acquire financial mandatory disclosures dealt with at the start and then visit 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 and also divorce attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for any free consultation.
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