People often misunderstand the purpose of mediation says family lawyers Edmonton, which is why they do not utilize it as often as they should, or as early as they can. The reason why people do not understand, is because for many people, there divorce is their first, and often the only time they have to go through this process. Therefore, helping people understand what the process looks like ahead of time can help ensure it goes smoothly for both parties.
One of the first misconceptions that people have about mediation, is that they do not actually need to have a lawyer hired prior to meeting with a mediator. This can often be a great first place for people to start discussing what is most important to them, and start communicating what they are hoping to get out of the process. By beginning by communicating what they want, in front of a neutral third party person can help people start with an understanding of the other person wants and needs. While a lawyer is going to be necessary before an agreement is ultimately reached, people who are exploring divorce for the first time can be aided by talking to a mediator first.
Another misconception that people have about this process is family lawyers Edmonton is that the mediator is going to be able to give each person independent and legal advice. In fact, mediators are not allowed to give legal advice during meetings. What their role is, is helping people communicate with each other, and listening to what people need and want to ensure the other person understands that. They also understand what is required by law, and ensure that what agreements people are coming to is within the law.
The fact that they are not allowed to give legal advice means that it is very important that during the mediation process, both parties should seek out independent and legal advice from their own lawyer. The reason why they need to have a lawyer, is prior to finishing the mediation agreement, each party’s lawyer is going to need to review the document to ensure that it is fair, and to ensure that each party completely understands what the agreement is, and that they are aware of all of the other options they could have chosen.
Another misconception that people have, is that they should wait until the end of the mediation before they hire a lawyer. Family lawyers Edmonton advises against this, and advises people not to wait until the very end to start getting legal counsel from a lawyer. This way, the they do not have to backtrack on what was already agreed-upon if a lawyer points out something that was not thought about from a client. Therefore, understanding that they do not need to start mediation with the lawyer, but they need to have one part with you the process is important.
People need to understand that regardless of how well there able to communicate with their spouse, when they go through divorce a mediator can help significantly. Even couples who are communicating well with each other can be helped by a mediator who knows the law, and it can significantly help couples who have experienced a communication breakdown be heard and be listened to.
Family Lawyers Edmonton | Misconceptions About Mediation
Going through divorce is never easy, and knew the looks forward to it says family lawyers Edmonton. However, the process can be made a bit more organized by hiring a mediator. However, many people have misconceptions about what a mediator does, or how to hire one. Therefore, they do not end up speaking to a mediator who could have made the process go much more smoothly.
One of the first misconceptions that people often have, is that their lawyers will hire a mediator if people cannot come to an agreement. Unfortunately, family lawyers Edmonton says this is exactly the opposite. If people are not able to come to an agreement ahead of time, they will simply use their lawyers and go to litigation. This can be an expensive and time-consuming process, that does not actually end up helping either party get what is most important to them. Litigating often puts the control into a judges hands, who may not end up making a decision that anyone is happy with. Therefore, people should understand that mediation is a better first step, to ensure that both parties are in control of what they are agreeing to.
Another misconception that people often have is that it can only happen if they are in the same room at the same time. Family lawyers Edmonton says that while this is the preferred way to mediate, it is not necessarily the only way. A mediator can do their job very efficiently when both people are in the same room at the same time. However, some relationships are so volatile that it can be impossible for both people to maintain efficient conduct with each other during the process. For this situation, a mediator is able to have each person be in separate rooms, and then travel back-and-forth to speak to each person. This is more difficult, especially since a lot of nonverbal communication is lost, and it ends up taking more time, this is still a better option for couples who have had a communication breakdown then simply hiring a lawyer and arguing in court.
Someone might believe that mediation is not going to help them, because they have a power, or knowledge and balance, or that they will not be able to be treated respectfully by the other person. Family lawyers Edmonton says that good mediator will have rules of conduct that they clearly communicate to everybody head of time. These rules of conduct will be set up to ensure people do not interrupt each other or talk over each other, and that there is absolutely no yelling or physical contact. Having these rules in place, as well as a neutral party present is often all that is required to ensure both people can speak civilly to each other.
When people understand that a mediator can help at any stage of a divorce, can inspire more people to hire a mediator so that they can communicate respectfully, calmly and end up having their needs heard. By doing this, can often help divorces go much smoother, because people have discussed what is most important to them head of time, and come up with an agreement. Those who are going through the difficult process of a divorce should contact family lawyers Edmonton to see how a mediator can help them.