Search engine for touristic excursions to any place in the world (Sponsored with the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to mention what exactly is mediation and how mediation can facilitate the resolution of the family law case.
Precisely what is MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed by the Court or selected from the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality this means any situation that is considered in mediation stays in this room. The Judge won’t find out what occur in mediation. This really is helpful as it enables the parties to discuss their case using the mediator together with the utmost confidence. The Mediator’s role is usually to transmit just the information the party authorizes the mediator to go over together with the other party.
That 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 from the mediator and, usually making use of their counsel, everyone sits in the room together with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. In the joint session, the parties offer an possibility to also give an opening statement. After the joint session, the parties begin to be able to rooms. This is called a caucus where the party with his fantastic or her attorney sit together with the mediator not in the presence of the opposing party to talk about the weaknesses and strengths of his or her case. The party then provides the mediator an offer to work with that he / she wishes the mediator to give to the other side. The mediator’s role now becomes certainly one of a negotiator heading back and forth between your parties until hopefully a legal contract is reached concerning all 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 whats called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest method to resolve a dispute also it saves the parties a lot of money in attorney’s fees. Needless to say, if your case is hotly contested as well as the case won’t settle, then this parties must litigate true but mediation remains a choice before an endeavor.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation costs less than litigation since the mediator charges an hourly rate split relating to the parties and, in case you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then a case ready for Final Hearing prior to the Judge.
I recommend when the truth is in court, that the parties get their financial mandatory disclosures taken care of at the beginning then visit mediation to eliminate the dispute efficiently minus the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 to get a free consultation.