(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am going to talk about what is mediation and how mediation can facilitate the resolution of your divorce case.
What’s MEDIATION?
Mediation is a non-adversarial process through which a mediator is appointed by the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning something that has been said in mediation stays in this room. The Judge will not uncover what occur in mediation. That is helpful as it permits the parties to go over their case with the mediator together with the utmost confidence. The Mediator’s role would be to transmit exactly the information the party authorizes the mediator to go over with all the other party.
Who is able to SUBMIT 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 with the mediator and, usually making use of their counsel, and everyone sits inside a room with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties offer an possibility to also give a gap statement. Following the joint session, the parties then proceed to several rooms. This is known as a caucus where the party and the or her attorney sit together with the mediator outside the existence of the opposing party to discuss the weaknesses and strengths of her or his case. The party then provides the mediator a proposal to work with that he / she wishes the mediator presenting to the other side. The mediator’s role now becomes one of a negotiator returning to college and forth between your parties until hopefully an agreement is reached concerning each of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is whats called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest method to resolve a dispute plus it saves the parties lots of money in hips. Obviously, if your case is hotly contested along with the case will not settle, then your parties must litigate true but mediation remains to be a choice before an endeavor.
IS MEDIATION Less expensive LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges per hour rate split between your parties and, if you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is prepared for Final Hearing before the Judge.
I recommend that when the case is within court, that this parties manage to get thier financial mandatory disclosures out of the way from the outset and after that head to mediation to resolve the dispute efficiently with no expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. With an appointment, you are able to call (305) 266-9584 for the free consultation.