Most people are not going forward to going through a divorce says family lawyers Edmonton. And while most people who are going through it are going through it for the very first time, that does not mean that they should not be educated process. Since 30% of all marriages in Canada and in divorce, there is a fairly good chance that the people that are getting married, also going to need how to go through divorce.
There are many things that people can keep in mind to ensure that process is as unobtrusive and as gentle as possible. There is no easy way for couples to recover their life and divide all their assets, but there are things that they can do to ensure it goes as smoothly as possible. Mediation is one of those tools.
Contrary to what many people believe, mediation is something that any people who need to negotiate a legal issue can engage in at any time, regardless of if they have hired lawyers or not. In fact, family lawyers Edmonton says that if people hire a mediator even before they have a lawyer, they can often get through the most difficult negotiations without having to pay for the expense of retaining lawyer. Most mediators are also lawyers, so they are well-versed with what the law is, and can help people avoid making an agreement that is unlawful. However, it is very important that people also aware that as neutral people, mediators are also not allowed to give advice during the mediation process. They are there to ensure both sides get listen to, that the law gets upheld, and that both people understand what they are agreeing to.
While people will have to find separate legal counsel before mediation is complete, so that they can have their lawyer see what agreement has been reached, it is not necessary for the lawyer to be coming to the mediation appointments. However, family lawyers Edmonton says that sometimes, for a variety of reasons, both parties are more comfortable ensuring that they not only have retained a lawyer first, that those lawyers come to mediation with parties.
Reasons why people might believe that they should bring their lawyer to mediation, is because they are concerned that the negotiations will not go smoothly, or that they may not be able to communicate with their spouse. However, a good mediator not only will have rules of conduct, but they will communicate those rules prior to the meeting. These rules will sure that nobody gets interrupted, and that there is no yelling or physical contact. By adhering to these rules, both people can ensure that they will feel fully listened to by their mediator, as well as the other party. However, if someone feels that they might be at risk for or after the mediation, they should let their mediator know this in advance of the meeting, so that arrangements can easily be made to allow both parties to arrive and leave separately, as well as avoid leaving them alone in the reception area for example.
Family Lawyers Edmonton | Tips For Successful Mediation
Nobody looks forward to negotiating a divorce says family lawyers Edmonton. And not only do people not look forward to it, for the majority of people, the divorce that they are negotiating will be there first. Because of this, they may not know the first steps that they need to take, or what is involved in negotiating. If people think that there first step is simply hiring a lawyer and trying to come up with a agreement using lawyers only, they may be in for a very rough experience. One thing that people can do to help the proceedings go as smoothly as possible, that would be to hire a mediator.
Most mediators are actually lawyers, so they know the laws very well. However, they are also completely neutral, and will work with both sides to help negotiate the terms of the divorce agreement. Because they are completely neutral, not only are they not allowed to give legal advice to either party, both parties are going to need to retain separate legal counsel. The separate legal counsel is to ensure that both parties are aware of what they are agreeing to, as well as what the other options they could have chosen are.
Some things that people can do prior to meeting with their mediator, would be thinking about what their core interests, values and fears are. By thinking what is truly important to them, they can help a mediator figure out what the most important aspects of the negotiation will be. This is not about what property or assets need to be divided up, but thinking more about people’s emotions. By allowing people to think about this prior to the meeting, can help keep the focus on what is truly important.
One of the reasons why family lawyers Edmonton suggests people hire a mediator first, is to help avoid a situation where communication breaks down between both parties. However, this is not always possible, and sometimes mediation starts with both parties being very upset with each other. If both parties are not able to be in the same room at the same time, a mediator can do the negotiations with each person in separate rooms. Family lawyers Edmonton says this is possible, but not only is it much more difficult, but it will take a lot more time. People should do what they can to avoid this type of situation. However, if it is too late, mediating this way is still a much more effective option than both parties hiring lawyers to litigate.
Even though no one looks forward to negotiating the terms of their divorce, mediation can help people focus on what is important during the process, and help by hiring a mediator first, and reaching an agreement can help people avoid spending a ton of money on lawyers, and it can often help people avoid more hurt feelings during the process.