People are often unprepared for how difficult getting a divorce is going to be says family lawyers Edmonton. Not only is it very difficult emotionally, but people are often unaware of what they need to do as their first steps when facing marital breakdown. This is because most people who go through divorce are going through it for the first time, and do not know what information they need to know. However, if there is one piece of advice that people can utilize to make the process go smoother, that would be hiring a mediator.
Contrary to what a lot of people believe, those going to the divorce process can hire a mediator at any point, even before they hire their own lawyer to represent them. Mediation is something that can happen at any stage of their divorce process, but the sooner, the better says family lawyers Edmonton. The sooner both parties can sit down with someone who is neutral, and talk about what they want out of the process, the a lot easier it is going to be when both people have lawyers. In fact, going to mediation first can help people avoid the messy act of litigating.
In order to hire a mediator, people should call law offices like family lawyers Edmonton to see if they have a lawyer who is a mediator as well. When they find one, they can ask for mediation appointment. The mediator will want to know the contact information for both parties because they will be contacting them individually themselves. The reason for this, is to ensure both parties are entering into mediation completely freely, as well as understanding what the purpose of mediation is. The purpose is to negotiate the terms of the divorce. It is important that no one is going to mediation under false pretenses.
When the mediator is speaking to each of the parties separately, that is a good time for either party to say if they are fearful about being at risk before, or after the mediation. The letting the mediator know ahead of time, they can make arrangements to ensure that two of them arrive and leave separately, and are not left alone.
Another important factor that the mediator should bring up with each of the parties prior to the first mediation session, is to prepare them to think about what is most important to them. For example, what are their core interests, values and fears. By thinking about these, mediator will be able to get to the heart of what is most important to each person, which will help ensure they are keeping track of what is most important during mediation.
By understanding that people can hire a mediator at any point in the process, and the sooner, the better help them the empowered in taking control the situation, and allowing the couple to negotiate the terms of their own divorce, and avoid a messy litigation that would end up with both people being disappointed in the outcome.
Family Lawyers Edmonton | Hiring a Mediator During a Divorce
One misconception that people often have, is that they have to wait until communication breaks down before they hire a mediator says family lawyers Edmonton. Unfortunately, that is not true, and the best time to hire a mediator, is early on in a divorce, before communication breaks down at all. If people can set up a meeting with the mediator to negotiate the terms of their divorce before communication breaks down, that increases the chances of ending mediation quickly, and with terms that both parties are satisfied with.
Many people believe they must bring their lawyer to the mediator, and are afraid of the expense. However, family lawyers Edmonton says that while lawyers are welcome to come to mediation, the majority of cases they see is without any lawyers present, simply with the clients and the mediator alone. In fact, many people meet for mediation to negotiate the terms of their divorce even before they hire a lawyer to represent them. While a person is going to need a lawyer before then it goes nations finish, so that they can get their own independent legal counsel about the agreements, any people start the process here, so that they can agree to terms before hiring lawyers.
Many people are also worried that negotiations are not going to go with their spouse in the same room. Family lawyers Edmonton says that mediators will have clear rules of conduct that they communicate with both sides not only prior to the meeting, but in the meeting. These rules ensure that neither party interrupts the other, talks over them, yells, or engages in any physical contact. By knowing these rules of conduct head of time can help ensure everybody is on their best behaviour during the process.
However, if this proves to be impossible, a mediator will be able to have each party be held in separate rooms, and go-between each room to handle the negotiations. While this is more difficult, especially as the nonverbal communication is lost, and much longer, it is possible. And even though this scenario is more expensive than if both people were attending mediation in the same room, it is still a better scenario for people to engage in rather than hiring lawyers and litigating.
Another way that mediation can significantly help during negotiations, is because often with divorce, there is a power or knowledge and balance. By attending mediation where there is a neutral party involved who understands all of the laws, can help shift the power or knowledge imbalance, and put both parties on an even playing field.
Mediation can be a very powerful tool for people to use to ensure both sides are heard, and that both parties end up with an agreement that they can both live with. Family lawyers Edmonton says that if mediation is unsuccessful, it can end up with a messy and expensive litigation, where neither party ends up getting what they want.