MEDIATION IN FAMILY LAW CASES

(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to speak about what is mediation and how mediation can facilitate the resolution of a family law case.
What exactly is MEDIATION?

Mediation is a non-adversarial process through which a mediator is appointed with the Court or selected through the parties to help the parties in resolving their case. The mediation process is bound by confidentiality this means something that is claimed in mediation stays for the reason that room. The Judge doesn’t uncover what occurs in mediation. This is helpful since it permits the parties to go over their case with the mediator with the utmost confidence. The Mediator’s role is to transmit just the information the party authorizes the mediator to talk about together with the other party.
Who are able to Undergo MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
How can MEDIATION WORK?

The parties enter in the office of the mediator and, usually using counsel, and everyone sits within a room together with the mediator. Here is the joint session. The mediator gives a dent statement and reminds the parties about the confidentiality of mediation. With the joint session, the parties provide an chance to also give a gap statement. Following the joint session, the parties then proceed to be able to rooms. This is known as a caucus the place that the party and the or her attorney sit using the mediator outside the presence of the opposing party to go over the weaknesses and strengths of his / her case. The party then provides mediator a proposal to use that he / she wishes the mediator to present to another side. The mediator’s role now becomes one among a negotiator heading back and forth between your 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 whats called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is the cheapest strategy to resolve a dispute plus it saves the parties big money in estate agent fees. Obviously, in the event the case is hotly contested and the case doesn’t settle, then the parties must litigate the truth but mediation continues to be an alternative before a shot.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation costs less than litigation since the mediator charges an hourly rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case ready for Final Hearing before the Judge.

I recommend if the situation is within court, the parties get their financial mandatory disclosures out of the way at the start and after that check out mediation to settle the dispute efficiently devoid of the worth of unnecessary attorney fees.

Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 for any free consultation.

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