(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am going to mention what is mediation and the way mediation can facilitate the resolution of your divorce case.
WHAT IS MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed through the Court or selected from the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which suggests any situation that is claimed in mediation stays in this room. The Judge does not find what occurs in mediation. This can be helpful as it enables the parties to go over their case together with the mediator together with the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to debate using the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?
The parties enter the office of the mediator and, usually using counsel, everyone sits in a room together with the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties in regards to the confidentiality of mediation. At the joint session, the parties come with an chance to also give an opening statement. Following the joint session, the parties then proceed to several rooms. This is whats called a caucus in which the party and his or her attorney sit together with the mediator away from the presence of the opposing party to debate the good and bad points of his or her case. The party then gives the mediator a proposal to utilize that she / he wishes the mediator presenting to the other side. The mediator’s role now becomes one among a negotiator going back and forth between the parties until hopefully a contract is reached about all the issues concerning child support, 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 the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest strategy to resolve a dispute and yes it saves the parties a lot of money in estate agent fees. Naturally, when the case is hotly contested and the case doesn’t settle, then this parties must litigate the truth but mediation remains a choice before a trial.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation will be less than litigation because 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 this case is in a position for Final Hearing before the Judge.
I would recommend that if the truth is within court, the parties acquire financial mandatory disclosures out of the way in the beginning after which check out mediation to solve the dispute efficiently with no worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is a Supreme court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. To have an appointment, you can call (305) 266-9584 for the free consultation.
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