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Today I am going to speak about precisely what is mediation and how mediation can facilitate the resolution of the family law case.
Precisely what is MEDIATION?
Mediation can be a non-adversarial process where a mediator is appointed through the Court or selected through the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which suggests something that has been said in mediation stays in that room. The Judge doesn’t discover what occur in mediation. This can be helpful because it permits the parties to go over their case with all the mediator with all the utmost confidence. The Mediator’s role is to transmit exactly the information the party authorizes the mediator to debate with the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
What makes MEDIATION WORK?
The parties enter in the office of the mediator and, usually using counsel, and everybody sits in the room using the mediator. This can be the joint session. The mediator gives a dent statement and reminds the parties about the confidentiality of mediation. On the joint session, the parties provide an chance to also give a job opening statement. Following your joint session, the parties begin to be able to rooms. This is whats called a caucus where the party and the or her attorney sit with the mediator not in the existence of the opposing party to discuss the pros and cons of her or his case. The party then gives the mediator a package to use that he / she wishes the mediator to give to another side. The mediator’s role now becomes certainly one of a negotiator returning and forth between your parties until hopefully a legal contract is reached about each of the issues concerning child support, 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 place that the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is actually the cheapest strategy to resolve a dispute plus it saves the parties lots of money in hips. Obviously, if the case is hotly contested along with the case won’t settle, then this parties must litigate the truth but mediation remains an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation will be less than litigation as the mediator charges a per hour rate split between the parties and, in case you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is ready for Final Hearing prior to the Judge.
I propose that when the case is within court, how the parties get their financial mandatory disclosures off the beaten track in the beginning after which head to mediation to settle the dispute efficiently minus the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 for any free consultation.