(Sponsored by the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today My goal is to talk about what’s mediation and the way mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?
Mediation is really a non-adversarial process in which a mediator is appointed with the Court or selected through the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality meaning anything that has been said in mediation stays for the reason that room. The Judge will not discover what occurs in mediation. This is helpful because it allows the parties to discuss their case using the mediator with the utmost confidence. The Mediator’s role is to transmit exactly the information the party authorizes the mediator to talk about together with the other party.
Who is able to Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can submit to mediation.
HOW DOES MEDIATION WORK?
The parties enter in the office of the mediator and, usually with their counsel, everyone sits inside a room using the mediator. This is actually the joint session. The mediator gives an opening statement and reminds the parties regarding the confidentiality of mediation. At the joint session, the parties provide an opportunity to also give an opening statement. Following your joint session, the parties then proceed to various rooms. This is what’s called a caucus the place that the party and his or her attorney sit together with the mediator outside of the presence of the opposing party to debate the pros and cons of his / her case. The party then gives the mediator a proposal to use that she or he wishes the mediator to provide to the other side. The mediator’s role now becomes one among a negotiator going back and forth involving the parties until hopefully an agreement is reached about every one 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 what’s called presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to settle their dispute. This can be the cheapest way to resolve a dispute also it saves the parties lots of money in hips. Naturally, if the case is hotly contested as well as the case won’t settle, then the parties must litigate the situation but mediation remains to be a choice before a trial.
IS MEDIATION Less expensive than LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges an hourly rate split between your parties and, should you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then your case is ready for Final Hearing ahead of the Judge.
I would recommend when the situation is court, that the parties get their financial mandatory disclosures dealt with from the outset and after that head to mediation to resolve the dispute efficiently devoid of the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq is often a Supreme Court of Florida certified family mediator in addition to family law attorney in Miami Dade County, FL. For an appointment, you are able to call (305) 266-9584 to get a free consultation.
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