MEDIATION IN FAMILY LAW CASES

(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will speak about precisely what is mediation and exactly how mediation can facilitate the resolution of an divorce case.
What’s MEDIATION?

Mediation is a non-adversarial process by which a mediator is appointed by the Court or selected by the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which suggests something that has been said in mediation stays in this room. The Judge won’t find what is situated mediation. That is helpful since it enables the parties to talk about 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 with the other party.
That can Post to MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
How can MEDIATION WORK?

The parties go into the office with the mediator and, usually using their counsel, everyone sits in the room with all the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties regarding the confidentiality of mediation. At the joint session, the parties have an possiblity to also give a job opening statement. After the joint session, the parties start to different rooms. This is whats called a caucus the place that the party and his awesome or her attorney sit with the mediator outside the existence of the opposing party to debate the weaknesses and strengths of his or her case. The party then provides mediator an offer to do business with that he / she wishes the mediator to present to the other side. The mediator’s role now becomes one among a negotiator returning and forth relating to the parties until hopefully an agreement is reached regarding all the issues concerning your kids, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?

Yes. This is known as presuit mediation the place that the parties, usually unrepresented, attend a mediation conference to resolve their dispute. Here is the cheapest way to resolve a dispute also it saves the parties big money in attorney’s fees. Of course, in the event the case is hotly contested along with the case will not settle, then a parties must litigate the situation but mediation remains an alternative before a trial.
IS MEDIATION Less than LITIGATION?

Yes mediation costs less than litigation for the reason that mediator charges per hour rate split between the parties and, in the event you settle, a Marital Settlement Agreement is drafted as well as the parties sign it. Then a case is prepared for Final Hearing before the Judge.

I propose that if the case is court, that this parties acquire financial mandatory disclosures taken care of at the beginning and then head to mediation to resolve the dispute efficiently minus the worth of unnecessary attorney fees.

Arturo R. Alfonso, Esq is a Supreme court of Florida certified family mediator as well as family law attorney in Miami Dade County, FL. For an appointment, it is possible to call (305) 266-9584 for any free consultation.

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