MEDIATION IN FAMILY LAW Situations

(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will discuss precisely what is mediation and exactly how mediation can facilitate the resolution of a divorce case.
WHAT IS MEDIATION?

Mediation is a non-adversarial process where a mediator is appointed from the Court or selected with the parties to help the parties in resolving their case. The mediation process is bound by confidentiality this means any situation that is considered in mediation stays because room. The Judge doesn’t find out what is situated mediation. This really is helpful since it enables the parties to go over their case together with the mediator with the utmost confidence. The Mediator’s role is usually to transmit only the information the party authorizes the mediator to debate using the other party.
Who are able to Undergo MEDIATION?

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

The parties type in the office of the mediator and, usually using counsel, and everyone sits inside a room with the mediator. This can be 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 possibility to also give a dent statement. Following your joint session, the parties then proceed to several rooms. This is what’s called a caucus where the party and his awesome or her attorney sit using the mediator away from the existence of the opposing party to go over the pros and cons of his or 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 returning to college and forth between the parties until hopefully a partnership is reached about every one of the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?

Yes. This is what’s called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to settle their dispute. This is the cheapest way to resolve a dispute and yes it saves the parties a lot of money in legal fees. Obviously, if your case is hotly contested and the case doesn’t settle, then this parties must litigate the case but mediation remains to be an alternative before a shot.
IS MEDIATION Less expensive than LITIGATION?

Yes mediation costs less than litigation for the reason that mediator charges a per hour rate split relating to the parties and, in the event you settle, a Marital Settlement Agreement is drafted along with the parties sign it. Then this case is in a position for Final Hearing before the Judge.

I suggest if the case is at court, that the parties obtain financial mandatory disclosures out of the way from the outset and then head to mediation to resolve the dispute efficiently devoid of the expense of unnecessary attorney fees.

Arturo R. Alfonso, Esq is a Top court of Florida certified family mediator along with divorce attorney in Miami Dade County, FL. To have an appointment, you are able to call (305) 266-9584 for the free consultation.

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