(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I will mention what’s mediation and just how mediation can facilitate the resolution of an divorce case.
WHAT IS MEDIATION?
Mediation is really a non-adversarial process where a mediator is appointed through the Court or selected by the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that is said in mediation stays in this room. The Judge doesn’t find what occurs in mediation. This can be helpful because it enables the parties to discuss their case with all the mediator using the utmost confidence. The Mediator’s role is always to transmit only the information the party authorizes the mediator to go over with all the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
HOW DOES MEDIATION WORK?
The parties go into the office in the mediator and, usually making use of their counsel, everyone sits in a room using the mediator. This can be the joint session. The mediator gives an opening statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties come with an possibility to also give an opening statement. Following your joint session, the parties then proceed to different rooms. This is what’s called a caucus the place that the party and his or her attorney sit with the mediator outside of the existence of the opposing party to talk about the pros and cons of their case. The party then increases the mediator a package to utilize that she / he wishes the mediator presenting to the other side. The mediator’s role now becomes one of a negotiator going back and forth between your parties until hopefully a legal contract is reached about all 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 called presuit mediation where the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest strategy to resolve a dispute and it saves the parties a lot of cash in estate agent fees. Needless to say, if the case is hotly contested along with the case doesn’t settle, then your parties must litigate true but mediation remains to be an option before a shot.
IS MEDIATION Less expensive LITIGATION?
Yes mediation cost less than litigation as the mediator charges a per hour rate split involving the parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then the case is ready for Final Hearing ahead of the Judge.
I recommend that if the truth is court, how the parties obtain financial mandatory disclosures taken care of at the start and after that check out mediation to solve the dispute efficiently minus the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. For an appointment, you’ll be able to call (305) 266-9584 for the free consultation.