(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am going to discuss precisely what is mediation and how mediation can facilitate the resolution of a family law case.
Precisely what is MEDIATION?
Mediation can be a non-adversarial process through which a mediator is appointed through 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 is said in mediation stays in that room. The Judge doesn’t find out what happens in mediation. This really is helpful since it enables the parties to talk about their case with the mediator using the utmost confidence. The Mediator’s role is to transmit only the information the party authorizes the mediator to discuss with the other party.
That can Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
HOW DOES MEDIATION WORK?
The parties type in the office from the mediator and, usually using counsel, and everyone sits within a room with the mediator. This is the joint session. The mediator gives a job opening statement and reminds the parties about the confidentiality of mediation. On the joint session, the parties provide an possiblity to also give a gap statement. Following the joint session, the parties then proceed to various rooms. This is known as a caucus in which the party with his fantastic or her attorney sit together with the mediator outside of the existence of the opposing party to debate the weaknesses and strengths of his or her case. The party then gives the mediator a package to utilize that he / she wishes the mediator to give to another side. The mediator’s role now becomes certainly one of a negotiator heading back and forth between the parties until hopefully a legal contract is reached about each of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is actually the cheapest approach to resolve a dispute plus it saves the parties lots of money in hips. Naturally, if the case is hotly contested as well as the case does not settle, then this parties must litigate the case but mediation remains to be a choice before an effort.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation cost less than litigation as the mediator charges per hour rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then a case is in a position for Final Hearing before the Judge.
I suggest when the situation is court, the parties get their financial mandatory disclosures dealt with in the beginning then check out mediation to resolve the dispute efficiently with no expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 for the free consultation.