MEDIATION IN FAMILY LAW CASES

(Sponsored from the Law firm of Arturo R. Alfonso ESQ Florida Supreme Court Certified Family Mediator)
Today I will mention what is mediation and exactly how mediation can facilitate the resolution of an divorce case.
Precisely what is MEDIATION?

Mediation is a non-adversarial process in which a mediator is appointed by the Court or selected through the parties to help the parties in resolving their case. The mediation process is bound by confidentiality meaning whatever is claimed in mediation stays because room. The Judge will not discover what is situated mediation. This can be helpful since it allows the parties to go over their case together with the mediator together with the utmost confidence. The Mediator’s role is always to transmit merely the information the party authorizes the mediator to discuss together with the other party.
That can Undergo MEDIATION?

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

The parties enter the office with the mediator and, usually with their counsel, and everybody sits inside a room with the mediator. This is actually the joint session. The mediator gives a gap statement and reminds the parties regarding the confidentiality of mediation. On the joint session, the parties provide an chance to also give an opening statement. Following the joint session, the parties then proceed to different rooms. This is called a caucus the place that the party with his fantastic or her attorney sit with the mediator outside the existence of the opposing party to go over the pros and cons of his / her case. The party then provides the mediator a proposal to utilize that he / she wishes the mediator to provide to another side. The mediator’s role now becomes among a negotiator going back and forth relating to the parties until hopefully a legal contract is reached concerning all 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 the location where the parties, usually unrepresented, attend a mediation conference to resolve their dispute. This is actually the cheapest method to resolve a dispute also it saves the parties big money in legal fees. Obviously, when the case is hotly contested along with the case does not settle, then a parties must litigate the case but mediation continues to be an option before a shot.
IS MEDIATION CHEAPER THAN LITIGATION?

Yes mediation cost less than litigation for the reason that mediator charges an hourly 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 ready for Final Hearing before the Judge.

I would recommend when the situation is in court, that this parties get their financial mandatory disclosures taken care of at the start after which check out mediation to settle the dispute efficiently without the tariff of unnecessary attorney fees.

Arturo R. Alfonso, Esq can be a Supreme Court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. With an appointment, you can call (305) 266-9584 for a free consultation.

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