(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am going to discuss what exactly is mediation and exactly how mediation can facilitate the resolution of an divorce case.
Precisely what is MEDIATION?
Mediation is often a non-adversarial process through which a mediator is appointed by the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means something that has been said in mediation stays because room. The Judge doesn’t discover what happens in mediation. This really is helpful because it allows the parties to go over their case with all the mediator together with the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to talk about with all the other party.
That can Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
How can MEDIATION WORK?
The parties go into the office from the mediator and, usually using counsel, everyone sits in the room with all the mediator. This can be the joint session. The mediator gives a dent statement and reminds the parties in regards to the confidentiality of mediation. With the joint session, the parties have an possibility to also give a job opening statement. Following the joint session, the parties begin to several rooms. This is known as a caucus the location where the party and his awesome or her attorney sit with the mediator away from the existence of the opposing party to talk about the weaknesses and strengths of his or her case. The party then increases the mediator a proposal to use that she / he wishes the mediator to give to the other side. The mediator’s role now becomes among a negotiator going back and forth relating to the parties until hopefully a partnership is reached concerning each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. Here is the cheapest approach to resolve a dispute also it saves the parties a lot of money in attorney’s fees. Of course, in the event the case is hotly contested as well as the case will not settle, then this parties must litigate the truth but mediation remains a possibility before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges a per hour rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case ready for Final Hearing prior to Judge.
I recommend if the truth is at court, that this parties obtain financial mandatory disclosures out of the way from the outset after which head to mediation to eliminate the dispute efficiently minus the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Top court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. On an appointment, it is possible to call (305) 266-9584 for any free consultation.
For more information about divorce attorney miami free consultation you can check this webpage.