MEDIATION IN FAMILY LAW Situations
(Sponsored with the Law Office of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will speak about what is mediation and just how mediation can facilitate the resolution of the family law case.
WHAT IS MEDIATION?
Mediation is really a non-adversarial process by which a mediator is appointed through the Court or selected through the parties to help the parties in resolving their case. The mediation process is bound by confidentiality which suggests whatever is claimed in mediation stays in that room. The Judge will not discover what happens in mediation. This is helpful as it allows the parties to debate their case with the mediator with the utmost confidence. The Mediator’s role is usually to transmit merely the information the party authorizes the mediator to talk about with all the other party.
Who are able to Undergo MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can undergo mediation.
HOW DOES MEDIATION WORK?
The parties go into the office of the mediator and, usually with their counsel, everyone sits in a room using the mediator. Here is the joint session. The mediator gives an opening statement and reminds the parties concerning the confidentiality of mediation. At the joint session, the parties provide an opportunity to also give a job opening statement. As soon as the joint session, the parties begin to several rooms. This is called a caucus in which the party and the or her attorney sit together with the mediator not in the existence of the opposing party to debate the strengths and weaknesses of their case. The party then provides the mediator a deal to utilize that she / he wishes the mediator presenting to another side. The mediator’s role now becomes one among a negotiator returning and forth between the parties until hopefully an agreement is reached as to all the issues concerning supporting your children, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With out a CASE BEING FILED?
Yes. This is called presuit mediation in which the parties, usually unrepresented, attend a mediation conference to settle their dispute. Here is the cheapest approach to resolve a dispute and yes it saves the parties a lot of money in legal fees. Of course, when the case is hotly contested and also the case does not settle, then your parties must litigate the situation but mediation continues to be a possibility before a trial.
IS MEDIATION Less than LITIGATION?
Yes mediation costs less than litigation because the mediator charges a per hour rate split involving the parties and, should you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case is in a position for Final Hearing prior to the Judge.
I would recommend when the situation is in court, the parties acquire financial mandatory disclosures off the beaten track from the outset and then visit mediation to eliminate the dispute efficiently minus the expense 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. With an appointment, you can call (305) 266-9584 for a free consultation.
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