MEDIATION IN FAMILY LAW Situations

(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will mention precisely what is mediation and the way mediation can facilitate the resolution of a divorce case.
What’s MEDIATION?

Mediation is really a non-adversarial process where a mediator is appointed through the Court or selected from the parties to assist the parties in resolving their case. The mediation process is bound by confidentiality which suggests anything that is considered in mediation stays for the reason that room. The Judge doesn’t uncover what occur in mediation. This is helpful since it enables the parties to go over their case together with the mediator using the utmost confidence. The Mediator’s role is to transmit just the information the party authorizes the mediator to discuss using the other party.
Who is able to Post to MEDIATION?

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

The parties enter the office from the mediator and, usually making use of their counsel, everyone sits within a room together with the mediator. This is actually the joint session. The mediator gives a dent statement and reminds the parties concerning the confidentiality of mediation. With the joint session, the parties provide an opportunity to also give an opening statement. Following the joint session, the parties start to different rooms. This is whats called a caucus the location where the party and the or her attorney sit with all the mediator outside of the presence of the opposing party to talk about the weaknesses and strengths of their case. The party then provides the mediator a proposal to use that he or she wishes the mediator to present to the other side. The mediator’s role now becomes one of a negotiator going back and forth relating to the parties until hopefully a legal contract is reached about each of the issues concerning your sons or daughters, 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 in which the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest way to resolve a dispute also it saves the parties big money in hips. Naturally, if your case is hotly contested as well as the case does not settle, then a parties must litigate true but mediation remains to be a choice before a shot.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation costs less than litigation as the mediator charges a per hour rate split relating to the parties and, should you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then a case is in a position for Final Hearing prior to Judge.

I would recommend that when the case is court, the parties get their financial mandatory disclosures taken care of at the beginning and then check out mediation to settle the dispute efficiently without the expense of unnecessary attorney fees.

Arturo R. Alfonso, Esq is often a Supreme court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. To have an appointment, it is possible to call (305) 266-9584 for the free consultation.

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