MEDIATION IN FAMILY LAW CASES

(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am going to talk about what is mediation and just how mediation can facilitate the resolution of an divorce case.
Precisely what is MEDIATION?

Mediation is a non-adversarial process where a mediator is appointed with the Court or selected from the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which means any situation that has been said in mediation stays in that room. The Judge will not find out what occur in mediation. This can be helpful since it enables the parties to debate their case with all the mediator together with the utmost confidence. The Mediator’s role would be to transmit just the information the party authorizes the mediator to debate together with the other party.
That can Undergo MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
What makes MEDIATION WORK?

The parties type in the office in the mediator and, usually with their counsel, and everybody sits inside a room using the mediator. This is the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. At the joint session, the parties have an possibility to also give a gap statement. Following the joint session, the parties start to be able to rooms. This is whats called a caucus where the party and his or her attorney sit with the mediator not in 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 work with that she or he wishes the mediator presenting to another side. The mediator’s role now becomes among a negotiator heading back and forth between the parties until hopefully an agreement is reached as to every one of 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 what’s called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest way to resolve a dispute and it saves the parties lots of money in attorney’s fees. Obviously, if the case is hotly contested and the case will not settle, then your parties must litigate the case but mediation remains to be an option before a trial.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation will be less than litigation since the mediator charges per hour rate split relating to the parties and, in case you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then this case is in a position for Final Hearing prior to Judge.

I propose that if the situation is at court, how the parties acquire financial mandatory disclosures out of the way in the beginning after which go to mediation to settle the dispute efficiently without the tariff of unnecessary attorney fees.

Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 for any free consultation.

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