(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Top court Certified Family Mediator)
Today I am about to speak about what exactly is mediation and exactly how mediation can facilitate the resolution of your divorce case.
What’s MEDIATION?
Mediation is often a non-adversarial process in which a mediator is appointed with the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever is said in mediation stays for the reason that room. The Judge doesn’t find out what happens in mediation. This is helpful since it allows the parties to go over their case with all the mediator with the utmost confidence. The Mediator’s role is always to transmit only the information the party authorizes the mediator to talk about with the other party.
WHO CAN SUBMIT TO MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?
The parties type in the office in the mediator and, usually using counsel, and everyone sits in the room with the mediator. This is the joint session. The mediator gives a job opening statement and reminds the parties in regards to the confidentiality of mediation. On the joint session, the parties provide an possibility to also give a dent statement. After the joint session, the parties start to be able to rooms. This is known as a caucus where the party and his or her attorney sit with all the mediator not in the existence of the opposing party to debate the strengths and weaknesses of his or her case. The party then provides mediator a proposal to utilize that he / she 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 contract is reached about every one 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 known as presuit mediation in which the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest approach to resolve a dispute also it saves the parties a lot of money in estate agent fees. Needless to say, when the case is hotly contested and the case does not settle, then your parties must litigate the situation but mediation remains to be a possibility before an endeavor.
IS MEDIATION CHEAPER THAN LITIGATION?
Yes mediation costs less than litigation since the mediator charges an hourly rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then your case is prepared for Final Hearing prior to the Judge.
I propose when the truth is at court, that this parties get their financial mandatory disclosures taken care of from the outset and after that head to mediation to resolve the dispute efficiently minus the expense of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator in addition to divorce attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 for a free consultation.
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