MEDIATION IN FAMILY LAW Situations
(Sponsored through the Law Office of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I am about to talk about what is mediation and just how mediation can facilitate the resolution of your family law case.
What exactly is MEDIATION?
Mediation is really a non-adversarial process by which a mediator is appointed through the Court or selected with the parties to help you the parties in resolving their case. The mediation process is bound by confidentiality which means something that has been said in mediation stays because room. The Judge doesn’t find out what occurs in mediation. This really is helpful as it enables the parties to go over their case with all the mediator together with the utmost confidence. The Mediator’s role is usually to transmit just the information the party authorizes the mediator to go over with the other party.
Who is able to Post to MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can endure mediation.
HOW DOES MEDIATION WORK?
The parties enter the office of the mediator and, usually making use of their counsel, and everybody sits in the room together with the mediator. This can be the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties have an opportunity to also give an opening statement. Following your joint session, the parties start to several rooms. This is whats called a caucus where the party and his awesome or her attorney sit with the mediator outside the existence of the opposing party to talk about the pros and cons of their case. The party then provides the mediator a deal to do business with that she / he wishes the mediator presenting to the other side. The mediator’s role now becomes among a negotiator returning to college and forth involving the parties until hopefully a legal contract is reached about all of the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is known as presuit mediation where the parties, usually unrepresented, attend a mediation conference to solve their dispute. This is actually the cheapest method to resolve a dispute and it saves the parties a lot of cash in estate agent fees. Needless to say, if the case is hotly contested as well as the case won’t settle, then the parties must litigate the case but mediation remains a choice before an effort.
IS MEDIATION Less than LITIGATION?
Yes mediation cost less than litigation because the mediator charges per hour rate split relating to the parties and, if 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 the Judge.
I propose when true is court, that this parties get their financial mandatory disclosures out of the way at the start and then head to mediation to solve the dispute efficiently devoid of the worth of unnecessary attorney fees.
Arturo R. Alfonso, Esq is really a Supreme Court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. For an appointment, you can call (305) 266-9584 to get a free consultation.