MEDIATION IN FAMILY LAW Situations

(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today My goal is to discuss what’s mediation and exactly how mediation can facilitate the resolution of your family law case.
Precisely what is MEDIATION?

Mediation is really a non-adversarial process through which a mediator is appointed from the Court or selected with the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which suggests something that has been said in mediation stays for the reason that room. The Judge does not discover what occur in mediation. That is helpful since it enables the parties to go over their case with the mediator with all 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 CAN Post to MEDIATION?

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

The parties enter the office from the mediator and, usually using counsel, and everybody sits within a room together with the mediator. Here is the joint session. The mediator gives a gap statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties provide an possiblity to also give a gap statement. As soon as the joint session, the parties then proceed to be able to rooms. This is whats called a caucus in which the party with his fantastic or her attorney sit with the mediator away from the presence of the opposing party to discuss the strengths and weaknesses of his / her case. The party then increases the mediator a package to do business with that he / she wishes the mediator to present to another side. The mediator’s role now becomes certainly one of a negotiator going back and forth involving the parties until hopefully a contract is reached regarding all of the issues concerning your sons or daughters, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR Without having a CASE BEING FILED?

Yes. This is called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. Here is the cheapest method to resolve a dispute also it saves the parties a lot of money in hips. Needless to say, in the event the case is hotly contested as well as the case does not settle, then this parties must litigate the situation but mediation remains to be an alternative before a trial.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation costs less than litigation for the reason that mediator charges an hourly rate split involving the parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then the case ready for Final Hearing prior to the Judge.

I suggest when the case is court, how the parties manage to get thier financial mandatory disclosures off the beaten track from the outset and after that head to mediation to settle the dispute efficiently with no cost of unnecessary attorney fees.

Arturo R. Alfonso, Esq is really a Supreme court of Florida certified family mediator along with family law attorney in Miami Dade County, FL. On an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.

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