(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to talk about what’s mediation and the way mediation can facilitate the resolution of your divorce case.
WHAT IS MEDIATION?
Mediation is really a non-adversarial process through which a mediator is appointed with the Court or selected by the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality this means whatever is claimed in mediation stays in this room. The Judge does not find what is situated mediation. This really is helpful because it enables the parties to debate their case using the mediator with the utmost confidence. The Mediator’s role would be to transmit only the information the party authorizes the mediator to talk about together with the other party.
WHO CAN Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
So how exactly does MEDIATION WORK?
The parties type in the office from the mediator and, usually with their counsel, and everyone sits inside a room using 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. On the joint session, the parties come with an possibility to also give a dent 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 outside the existence of the opposing party to debate the weaknesses and strengths of his / her case. The party then gives the mediator a package to work with that she or he wishes the mediator presenting to the other side. The mediator’s role now becomes one of a negotiator heading back and forth between the parties until hopefully a partnership is reached regarding all of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?
Yes. This is what’s called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest approach to resolve a dispute also it saves the parties big money in estate agent fees. Needless to say, if the case is hotly contested along with the case does not settle, then this parties must litigate the case but mediation is still a possibility before a trial.
IS MEDIATION Less than LITIGATION?
Yes mediation cost less than litigation for the reason that mediator charges a per hour rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then this case is ready for Final Hearing prior to Judge.
I would recommend that when true is at court, that the parties obtain financial mandatory disclosures off the beaten track at the beginning and then check out mediation to settle the dispute efficiently without the cost of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator and also divorce attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 for the free consultation.
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