Many people who are getting a divorce may not realize that they can choose to hire a mediator at any point says family lawyers Edmonton. And while mediation is often an option that is chosen when communication has already broke down, by being proactive and hiring a mediator early on in the divorce can help ensure that the process goes as smoothly as possible.
The first thing that people should keep in mind when they are hiring a mediator is that while the mediator is often lawyer, there also completely neutral, and are not legally allowed to give legal advice. Since they are not giving advice during the meeting, many people do not understand what their role is. All is to listen to both sides, ensure both people understand, and come up with an agreement that is lawful and legally binding. A family lawyers Edmonton says because of this inability to actually dispense legal advice, it is very important that prior to the completion of the mediation, both parties retain a lawyer is going to be able to give them the advice that they need. This independent legal advice is going to ensure that each person is fully aware of everything that has been agreed to, and that they are all aware of the options they could have chosen instead.
In order to hire a mediator, people should keep in mind that they can choose a mediator even before they talk to a lawyer. Family lawyers Edmonton says that sometimes people are uncomfortable having their first mediation appointment without speaking to a lawyer first, however that get expensive, and talking to a lawyer first is not going to change how the appointment goes. Therefore, the recommendation is for people to talk to her mediator, and come into the first event, understanding that no decisions actually need to be made. This will allow both parties to get a feel for the process, that can help them understand if they need to continue mediation, and when they should be retaining a lawyer.
One important thing to keep in mind, is that while it is not necessary for lawyer to be hired before mediation, people need to ensure that they have retained a lawyer before the end of the mediation, and ideally before it is completed. That way, a person can take their lawyers recommendations, and communicate that to the mediator, so that the agreements that they end up with is agreed upon by not only both parties, but their lawyers.
In some rare cases, people can have their lawyer come with them to the mediation. This is called lawyer assisted mediation, and while it is possible, it is not as common. Most of the time, clients come without their lawyers and have a conversation with the mediator and their spouse.
The reason why people might want to hire a mediator, is to help ensure that the process of coming up with the divorce agreement is as smooth and easy as possible. While no one things negotiating a divorce is enjoyable, ensuring that it happens smoothly can ensure both parties end up with an agreement that is beneficial for both.
Family Lawyers Edmonton | Should You Hire a Mediator?
Worse a significant majority of people that do not expect to be going through the divorce process will have to says family lawyers Edmonton. And while nobody gets married expecting they are going to get divorced, it is the reality that many people are to have to go through this process, and most for the very first time. The fact that most people will not have gone through the process before, means that there is a lot of people getting divorce that do not know what their first steps should be. Helping people get through that is important.
While people often believe hiring a lawyer is the first thing that they should do, and while this is not long, a couple who has decided to end their marriage may find a lot of value in hiring a mediator first. What it mediator is says family lawyers Edmonton is a lawyer who acts as a completely neutral third party to help both sides negotiate legal issues. By working with the mediator, people can often come up with a divorce agreement more smoothly than if they had simply hired lawyers in the first place.
In fact, family lawyers Edmonton recommends that people hire a mediator first, and come in for the first appointment without even talking to or hiring to a lawyer in the first place. This will give them a feel for how the mediation process will work, and how amicable coming up the agreement will be. One of the most important things that people need to keep in mind, is that mediators and actually are not allowed to give clients advice at any point during the meetings. They are therefore is to ensure both sides get listened to, and that they come up with an agreement that is fair as well as legally binding.
While it is possible for mediation to happen with the clients lawyers present, it is not very common. 95% of the most mediators cases are handled without lawyers present. However, it depends on the comfort level of the client, and sometimes that means the clients will bring their lawyer into the negotiation. When the reasons why this is less encouraged, is because it increases the cost, by having the mediator needing to be paid, as well as each individual lawyer.
By understanding that mediation is not necessarily reserved only for couples that are having a hard time reaching agreement can help eliminate the stigma associated with hiring a mediator. By using a mediator, and negotiating the terms of the divorce that they both can live with can not only help the agreement to be reached, but do so in a way that is not going to jeopardize future communication. This is extremely important especially if their children in the relationship. A goal for everyone should be ensuring that both parties can remain civil at all times to each other mediation is an important way that they can ensure that.