MEDIATION IN FAMILY LAW CASES
(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today My goal is to speak about what is mediation and just how mediation can facilitate the resolution of your divorce case.
What’s MEDIATION?
Mediation is really a non-adversarial process where a mediator is appointed with the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means anything that is claimed in mediation stays because room. The Judge will not discover what occur in mediation. This is helpful since it permits the parties to discuss their case together with the mediator with all the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to talk about with the other party.
WHO CAN Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
What makes MEDIATION WORK?
The parties type in the office in the mediator and, usually with their counsel, and everyone sits inside a room together with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties offer an opportunity to also give a gap statement. Following your joint session, the parties then proceed to be able to rooms. This is whats called a caucus the location where the party and his or her attorney sit using the mediator outside the existence of the opposing party to talk about the strengths and weaknesses of his or her case. The party then provides the mediator a proposal to work with that he or she wishes the mediator to present to the other side. The mediator’s role now becomes certainly one of a negotiator returning to college and forth involving the parties until hopefully an agreement is reached as to each of the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to solve their dispute. This can be the cheapest method to resolve a dispute and yes it saves the parties a lot of cash in legal fees. Naturally, if your case is hotly contested and the case does not settle, then the parties must litigate the situation but mediation is still a choice before an effort.
IS MEDIATION Less expensive LITIGATION?
Yes mediation cost less than litigation as the mediator charges per hour rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case is in a position for Final Hearing prior to Judge.
I propose if the case is court, that the parties get their financial mandatory disclosures out of the way at the start and then check out mediation to eliminate the dispute efficiently without the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.