(Sponsored through the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to talk about what exactly is mediation and exactly how mediation can facilitate the resolution of an divorce case.
What’s MEDIATION?
Mediation is really a non-adversarial process in which a mediator is appointed with the Court or selected with the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which means any situation that is said in mediation stays in this room. The Judge will not find what happens in mediation. This is helpful because it enables the parties to debate their case with all the mediator using the utmost confidence. The Mediator’s role is to transmit exactly the information the party authorizes the mediator to discuss using the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
HOW DOES MEDIATION WORK?
The parties go into the office from the mediator and, usually using counsel, and everybody sits inside a room using the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties provide an opportunity to also give a job opening statement. After the joint session, the parties then proceed to several rooms. This is whats called a caucus where the party and his or her attorney sit using the mediator outside the presence of the opposing party to debate the weaknesses and strengths of her or his case. The party then provides mediator a deal to use that she / he wishes the mediator to present to another side. The mediator’s role now becomes one among a negotiator returning and forth involving the parties until hopefully a contract is reached about all of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. Here is the cheapest approach to resolve a dispute plus it saves the parties big money in attorney’s fees. Obviously, if your case is hotly contested as well as the case won’t settle, then a parties must litigate the case but mediation is still an option before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation costs less than litigation as the mediator charges per hour rate split between the parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case is in a position for Final Hearing before the Judge.
I would recommend if the case is at court, the parties obtain financial mandatory disclosures taken care of from the outset and then head to mediation to solve the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 for any free consultation.