Mediation can definitely help people who go through a divorce and have to resolve family law issues. The benefits of mediation also become apparent quickly when mediation works. Moreover, a divorce lawyer in Mississauga can also play an important role in mediation. Mediation in a divorce has the potential to mitigate conflicts. Further, it can help families to transit into new relationships in a safe and collaborative setting. Divorce and family lawyers can assist and advise their clients through the mediation process.
Before we tell you about the role that a family lawyer plays in mediation, we shall like to tell you about the reasons to mediate and what mediation looks like.
When Should You Mediate?
Mediation is a process that parties in a divorce can initiate at any stage of the case. In addition, it can cover minor to serious family law issues. For example, it can help parties resolve matters like alimony and property division. More often than not, mediation can help parties avoid the litigation process and resolve family law issues. Typically, spouses should mediate when they want to resolve family law issues without the involvement of a court. Besides, mediation is voluntary and becomes compulsory when the court orders it.
What Does the Mediation Process Looks Like?
The mediation process varies from mediator to mediator, as there is no standard approach to it. Nevertheless, the timeline in mediation may look like the following:
Initial Email or Call:
Either party in a divorce or a lawyer may contact the mediator. Then, the mediator’s office will schedule the first session and arrange for any individual conversations or meetings.
Determine Issues and Goals:
Many mediations are initiated with the discussion of shared goals and the identification of outstanding issues between the parties. It helps mediators and parties realize they have substantial overlap in their aims. Plus, it also aids in narrowing the scope of the issues with a more focused discussion.
Children First:
Children-related issues are always mediated prior to financial issues. Even the court prioritizes the rights of children first when it comes to divorce-related settlements between spouses.
Settlement of Financial Issues, Such as Division of Assets:
Once spouses agree on family-law issues related to children, mediators help parties resolve family-law-related financial issues. Property division, for example.
Memorandum of Understanding:
Typically, the mediator writes a document, “Memorandum of Understanding”, after the conclusion of mediation. It is a document that specifies the terms that spouses have agreed on with respect to issues in their case. Moreover, a mediator also advises each spouse to get a lawyer to review the document for independent legal advice. Then, one of the lawyers prepares a separation agreement once both spouses agree on the terms of the disputes.
The Role of a Divorce Lawyer in Mediation
A divorce lawyer in Mississauga plays a few roles in the mediation process. One of the roles that lawyers play is that they review all documents and agreements that the mediator creates. First and foremost, divorce lawyers advise clients in-between sessions. In addition, divorce lawyers assist clients with the research and preparation of documents. They also aid their clients in presenting the most explicit and persuasive of their concerns and needs.
In addition, divorce lawyers frequently attend mediation sessions to help their clients in the setting. Lawyers may sit next to their clients in a mediation session to take notes and give their feedback. Divorce lawyers give their feedback during breaks from negotiations. Besides acting passively, divorce lawyers may also actively assist their clients in mediation sessions. For instance, they may vocally advocate for their clients during the session. Further, a family lawyer may also take part in dialogue with the opposing family lawyer and party.
Moreover, attorney-assisted mediation is beneficial in cases with high conflicts. In other words, it is helpful in legally complex cases when one of the parties finds it difficult to be heard and deemed in mediation. In such cases, the presence of attorneys breaks the dynamic parties and allows the quieter party to let his or her lawyer advocate.
Conclusion
Mediation helps people who go through a divorce. It is also helpful in family law cases. Typically, mediation proves helpful in situations when parties have issues agreeing on family-law-related matters. Alimony and property division, to name a few. Furthermore, there is no standard approach to mediation, and a divorce lawyer in Mississauga plays a few roles in mediation. A divorce lawyer may play the following roles in the mediation process:
- A divorce attorney may review all agreements and documents that a mediator creates.
- In addition, a family law attorney may assist clients in-between mediation sessions.
- A family law attorney may also assist clients with research and preparation of documents.
- A lawyer may also vocally advocate for clients during the session.
- Lastly, the presence of an attorney also allows the quieter party to have his or her lawyer advocate.