(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to discuss precisely what is mediation and how mediation can facilitate the resolution of the family law case.
Precisely what is MEDIATION?
Mediation is often a non-adversarial process where a mediator is appointed by the Court or selected from the parties to help the parties in resolving their case. The mediation process is bound by confidentiality this means whatever is claimed in mediation stays in that room. The Judge does not find out what happens in mediation. This is helpful because it permits the parties to discuss their case with all the mediator using the utmost confidence. The Mediator’s role is usually to transmit just the information the party authorizes the mediator to talk about together with the other party.
Who are able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
How can MEDIATION WORK?
The parties enter the office from the mediator and, usually making use of their counsel, everyone sits in a room using the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties provide an chance to also give a job opening statement. Following the joint session, the parties start to different rooms. This is whats called a caucus the location where the party with his fantastic or her attorney sit together with the mediator outside the existence of the opposing party to discuss the good and bad points of his or her case. The party then increases the mediator a proposal to do business with that he or she wishes the mediator to present to another side. The mediator’s role now becomes certainly one of a negotiator going back and forth involving the parties until hopefully a contract is reached concerning all the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This is known as presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is actually the cheapest approach to resolve a dispute plus it saves the parties big money in estate agent fees. Needless to say, in the event the case is hotly contested along with the case will not settle, then a parties must litigate the situation but mediation remains to be an alternative before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation will be less than litigation because the mediator charges an hourly rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then a case ready for Final Hearing prior to Judge.
I suggest that when the case is at court, how the parties acquire financial mandatory disclosures dealt with in the beginning then go to mediation to solve the dispute efficiently with no expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 for a free consultation.
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