MEDIATION IN FAMILY LAW CASES

(Sponsored from the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I am going to talk about what exactly is mediation and exactly how mediation can facilitate the resolution of your divorce case.
What exactly is MEDIATION?

Mediation is a non-adversarial process through which a mediator is appointed by the Court or selected from the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality which means anything that is claimed in mediation stays in this room. The Judge doesn’t discover what occurs in mediation. That is helpful since it permits the parties to talk about their case together with the mediator with all the utmost confidence. The Mediator’s role would be to transmit merely the information the party authorizes the mediator to debate with the other party.
Who is able to Endure MEDIATION?

Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?

The parties type in the office in the mediator and, usually with their counsel, and everybody sits inside a room using the mediator. This can be the joint session. The mediator gives a job opening statement and reminds the parties about the confidentiality of mediation. In the joint session, the parties provide an possibility to also give a job opening statement. Following the joint session, the parties start to various rooms. This is called a caucus the place that the party and his awesome or her attorney sit with the mediator outside of the existence of the opposing party to talk about the weaknesses and strengths of her or his case. The party then provides the mediator a deal to utilize that she / he wishes the mediator to present to another side. The mediator’s role now becomes one of a negotiator returning and forth between your parties until hopefully a partnership is reached concerning every one 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 called presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is the cheapest approach to resolve a dispute and it saves the parties a lot of money in hips. Needless to say, in the event the case is hotly contested and the case doesn’t settle, then a parties must litigate the situation but mediation is still an option before an endeavor.
IS MEDIATION Less than LITIGATION?

Yes mediation cost less than litigation for the reason that mediator charges an hourly rate split relating to the parties and, in the event you settle, a Marital Settlement Agreement is drafted and the parties sign it. Then the case is in a position for Final Hearing prior to the Judge.

I would recommend that if the truth is in court, the parties acquire financial mandatory disclosures out of the way at the beginning and after that check out mediation to settle the dispute efficiently devoid of the worth of unnecessary attorney fees.

Arturo R. Alfonso, Esq is often a Top court of Florida certified family mediator and also family law attorney in Miami Dade County, FL. With an appointment, you’ll be able to call (305) 266-9584 to get a free consultation.

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