(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will speak about what exactly is mediation and just how mediation can facilitate the resolution of your divorce case.
Precisely what is MEDIATION?
Mediation is a non-adversarial process through which a mediator is appointed from the Court or selected with the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which means something that is considered in mediation stays in this room. The Judge won’t uncover what is situated mediation. This is helpful given it allows the parties to go over their case using the mediator with all the utmost confidence. The Mediator’s role is always to transmit just the information the party authorizes the mediator to debate using the other party.
That can Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties go into the office from the mediator and, usually making use of their counsel, and everybody sits within a room using the mediator. Here is the joint session. The mediator gives a job opening statement and reminds the parties concerning the confidentiality of mediation. At the joint session, the parties have an possibility to also give a gap statement. As soon as the joint session, the parties start to several rooms. This is whats called a caucus in which the party with his fantastic or her attorney sit with the mediator away from the presence of the opposing party to talk about the pros and cons of his or her case. The party then gives the mediator an offer to do business with that he or she wishes the mediator presenting to another side. The mediator’s role now becomes among a negotiator returning and forth relating to the parties until hopefully a contract is reached regarding each of the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest way to resolve a dispute and yes it saves the parties big money in legal fees. Obviously, if the case is hotly contested as well as the case doesn’t settle, then a parties must litigate the case but mediation remains to be an alternative before an endeavor.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation is cheaper than litigation since the mediator charges a per hour rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then a case is ready for Final Hearing prior to the Judge.
I recommend that when the situation is court, how the parties manage to get thier financial mandatory disclosures off the beaten track from the outset after which go to mediation to settle the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 for any free consultation.