One of the biggest misconceptions about mediation according to family lawyers Edmonton is that it is only required once communication has already broken down. However, this is not the case, and any marital breakdown can use mediation in order to help come to an agreement of what the terms of the divorce will be ahead of time. Therefore, people should consider using mediation even before they hire lawyers to represent them in a divorce proceedings. By understanding the process, people can figure out why mediation is important, and use it to help ensure they have a smooth divorce.
Family lawyers Edmonton says that many people feel uncomfortable going to mediation without already retaining lawyers. However, the first mediation session is not going to have any agreements finalized, therefore people need to understand that there is no needs to have lawyers at this first appointment. In fact, many people can go to mediation first and that can minimize the need for using lawyers to come to an agreement. Therefore, a great first step when marital breakdown has occurred is to attend mediation session, and decide cooperatively how to proceed.
Mediators ultimately work with both sides, giving no legal advice to help negotiate legal issues. Mediators are often lawyers, who will help ensure both sides not only get what they can agree to, but end up with an agreement that is also lawful. But since mediators are not going to be giving legal advice, people should understand that even if they do not have a lawyer at the start of mediation, family lawyers Edmonton recommends that they have a lawyer prior to the completion of their mediation.
Many people might misunderstand and think that the lawyer that they retain must come with them to mediation, and while that is possible, and mediators will be able to accommodate any situations. This is typically not the case, not only is it expensive, because both sides must bring and pay for their lawyer to be there. But also because it is not necessary most of the time, the mediator themselves is a lawyer, and can often get more cooperation when no lawyers are present.
One thing that holds people back from attending mediation is that they think they must bring all of their legal paperwork to the sessions as well. The recommendation from family lawyers Edmonton is not to do that, because it can make one side look like they are preparing for legal battle, when mediation is essentially just a conversation. When nobody brings any legal paperwork, the mediator can then figure out what is actually needed, and then decide who should be responsible for bringing each required piece of paperwork. This way, no one person feels that they are controlling the situation with legal paperwork.
Ultimately, mediation is about ensuring both sides get heard, and that they come to an agreement that is beneficial to both of them. This is very important to do early on in a divorce proceedings, so that it does not ever get to the point where there is communication breakdown. By hiring a mediator first, many people can avoid the situation turning less cooperative.
Family Lawyers Edmonton | What Mediation is Used For
If people believe that mediation is only needed once they have stops being able to communicate with their spouse, family lawyers Edmonton says that may contribute to why people are not attending mediation as early as they should. In fact, mediation is helpful at any stage of a marital breakdown and divorce proceedings. However, the earlier couples can come to a mediation session, the more cooperatively they can come to an agreement that is mutually beneficial, and avoid getting into a situation where there is fighting, anger and resentment.
When people are thinking of getting a divorce, and want to negotiate the terms, a mediator is a great place to start. They are not there to represent either party, but to help the negotiations on what should be agreed to. The benefits of a mediator, is that they are aware of what is lawfully required, so they will ensure that whatever agreement is reached is in accordance with the law. However, since mediators do not give advice during mediation, people need to understand that before they completely reach an agreement, they need to have retained a lawyer independently so that the lawyer can sign off on the agreement that they have come to.
Many times, mediation is used when marital communication has already broken down says family lawyers Edmonton. If this is the case, they can arrange to have what is called a shuttle mediation. This is where each person is in separate rooms, and a mediator goes back-and-forth between the two people to negotiate terms. This is actually very rare says family lawyers Edmonton, but it is possible to mediate even when people can speak to each other any longer. This is often a more expensive way to mediate, but it will always be cheaper than for both parties to hire lawyers and fight it out in court.
However, they recommend at family lawyers Edmonton that people mentally prepare for mediation by thinking about what their core interests, values, and fears are. Instead of preparing for mediation by getting paperwork together, people should write down what their needs and interests are, so that the whole process can become much clearer. If both parties think ahead of time to what the most important terms are, and what they are willing to bend on, the process can be a lot simpler and easier.
Ultimately, family lawyers Edmonton says that mediation is a way that both parties can be assured that they are going to feel safe and be treated respectfully by everyone during the process. A good mediator will have rules of conduct to ensure this happens. Therefore, people should not be worried that mediation is going to be a nasty process. It can be a great, healing and cooperative process for all parties involved.