Many people who are ending their marriage have never been through divorce before, and are unsure about what their first steps need to be. And many people believe that the first step that they need to take is to hire a lawyer to represent them. And while this is not inaccurate, the recommendation would be for most people to meet with the mediator with their spouse, to start the process. Contrary to what many people believe, this can be done before anyone hires lawyers, you can help both people gain an understanding of what the process is going to look like even before they hire their first lawyer.
A mediator is a lawyer who is going to help both sides come to an agreement of the terms of their divorce. It is very important that people understand that mediators are not allowed to give either party advice during the mediation process. Their role is to ensure both parties are heard, and understand what their legal rights are. Because of this, before I mediation agreement is completed, each party is going to need to ensure that they obtain separate, legal advice to ensure that they are aware of what has been agreed to before they sign.
A person who is going through mediation needs to understand that they will have to have a lawyer before the end of the process, however it is recommended that people are not waiting until the very end of the process to hire their lawyer. The reason why, is because whatever agreement is reached between both parties and the mediator, is going to need to be sustained by each person’s lawyer. Therefore, they need to ensure that since the mediator is not allowed to give advice, that they are getting advice from their individual lawyers.
Many people believe that their lawyer once they have hired them, is going to need to come with them to the mediation appointments. However, this is not usually the case. Most of the time, the clients are meeting with the mediator alone, and without their lawyer. However, people who feel like it is needed, or they are uncomfortable without having their lawyer present can have their lawyers come to mediation with them.
It is important however, that people understand what they should be bringing with them to mediation, especially their first mediation appointment. While most people believe that they have to have their legal documentation all in order, and that they bring it to the meeting, this is not recommended. The reason why, is because the first meeting is where the mediator is going to help figure out what information is required for each individual case. Having clients go to a lot of work chasing down information they do not end up needing in the meeting ends up wasting clients time.
By hiring a mediator, people can ensure that they have someone who is going to be completely neutral, so that both parties can be listened to in a respectful manner. Simply by meeting this way can help people who previously been and able to come to an agreement reach an agreement that they can proceed with. This can help ensure what can often be a difficult process goes smoothly. While nobody looks forward to divorce, a mediator can help ensure it is as respectful as possible for all.
Written for Miller Boileau by Inspired Method
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.