(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am going to talk about what’s mediation and the way mediation can facilitate the resolution of an divorce case.
Precisely what is MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed through the Court or selected through the parties to help the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever has been said in mediation stays for the reason that room. The Judge does not find what happens in mediation. That is helpful as it allows the parties to debate their case together with the mediator with the utmost confidence. The Mediator’s role is to transmit just the information the party authorizes the mediator to discuss with all the other party.
That can Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
What makes MEDIATION WORK?
The parties enter the office of the mediator and, usually using counsel, everyone sits inside a room with the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties come with an possibility to also give a dent statement. As soon as the joint session, the parties begin to various rooms. This is called a caucus the location where the party and the or her attorney sit using the mediator not in the existence of the opposing party to discuss the pros and cons of their case. The party then provides the mediator a package to utilize that she or he wishes the mediator to present to another side. The mediator’s role now becomes one of a negotiator going back and forth between the parties until hopefully a partnership is reached about each of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is what’s called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to solve their dispute. Here is the cheapest approach to resolve a dispute also it saves the parties big money in estate agent fees. Naturally, if the case is hotly contested and also the case won’t settle, then a parties must litigate true but mediation remains an option before an endeavor.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation because the mediator charges a per hour rate split between the parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then your case ready for Final Hearing prior to Judge.
I recommend that if the case is in court, that this parties acquire financial mandatory disclosures taken care of at the beginning and after that go to mediation to settle the dispute efficiently without the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 to get a free consultation.
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