Even though 38% of marriages end in divorce according to stats Canada, family lawyers Edmonton says many people often do not know what the first steps are in the process. Many people believe that they need to hire a lawyer to represent them as their first step. While this is not necessarily wrong, people can hire a mediator even before they have hired a lawyer to represent them. That is because the mediator is a neutral, third-party person who can help both parties reach an agreement of what is important to them.
Many people do not understand what mediation is, and how it works, which is why they do not think to hire a mediator first. Because the mediator is neutral, and they are unable to give legal advice during the meetings, what mediator does is help ensure both sides get listened to, and state what is most important for them to get out of the divorce. Hiring mediator first says family lawyers Edmonton can help both parties reach an agreement, which can help them avoid coming to those same agreements by litigating.
While a person does not need to have a lawyer hired prior to mediation, they need to ensure that they have a lawyer before they reach a final agreement says family lawyers Edmonton. What the lawyer is going to do, is ensure each party understands and is fully aware of what they have agreed to during mediation. Each party’s lawyer is also going to ensure that they know all of the options that they could have chosen, other than what was agreed to. Since the mediator is neutral, each party’s lawyer works for their own client, and their goal is to ensure their client is getting what is fair.
Family lawyers Edmonton says that parties need to understand that while they need to ensure they have a lawyer prior to signing there mediation agreement, it is important that they are not waiting until the very end of the process to hire their lawyer either. The reason for this, is because whatever agreement has been reached, needs to be sustained by each party’s lawyer. By talking to the lawyer prior to the conclusion of the mediation can ensure that parties have their own, independent legal advice.
Some people believe that they must have a lawyer come with them to their mediation appointments, and while that is allowed, and mediator will allow whatever party is comfortable with, most of the time, clients are meeting with the mediator without their lawyers present. This is another way that both parties can help establish transparency and trust with each other.
Hiring mediator can help ensure that the divorce process is respectful and as uncomplicated as it can be. While nobody looks forward to having to go through a divorce, knowing ways to start the process respectfully is important. Going through mediation can help both parties establish what is most important for them, that they can come to an agreement without the expense of hiring lawyers and fighting it out in court.
Family lawyers Edmonton | This article was prepared for Miller Boileau by Inspired Method
For many people, going through divorce is something that they have never experienced for, and they do not always know the first steps to take says family lawyers Edmonton. If they believe that the first thing that they have to do is find a lawyer, they need to understand that this is not necessarily their first step. People can go to mediation as a first step, which can help them reach an agreement without having to fight each other.
When a couple has decided to end their marriage, they can meet with the mediator who can help them establish the terms of that divorce. The first mediation appointment, family lawyers Edmonton says no decisions need to be made, and can help both parties get a feel for the process. Good mediator will call each person prior to the meeting, to help them understand what the meeting is going to be, and to ensure that they know what the process is going to be.
Sometimes, a couples marriage has broken down so much that they are unable to discuss anything with each other, and they believe their only option is to hire lawyers individually, in order to fight for what they want. However, a mediator can help them avoid that process. By listening to each person and what they want, a mediator can help them reach an agreement. Family lawyers Edmonton says that mediators will ensure that they explain their rules of conduct such as no interrupting each other, no yelling and definitely no physical contact. This way, each party can be fully listened to both by the other party as well as their mediator.
If the marriage has broken down so much that one party, or both feel at risk, they should ensure they tell the mediator in advance, so that the mediator can make arrangements ahead of time to ensure that they both arrive and leave separately, and are never left alone at the same time. This can also help address a power or knowledge imbalance, that may cause one party or the other to feel threatened, or feel like they need to be helped during the process.
One of the most important things that a person can do prior to their mediation appointment, is prepare mentally for the appointment says family lawyers Edmonton. This involves thinking about what their core values and fears are, and writing those down so that they can be communicated during the mediation process. Helping people come to a conclusion on what is most important to them is the job of the mediator.
By using a mediator, people can come to an agreement on what is most important to them in a calm, and respectful manner. This is often faster, as well as less expensive than hiring lawyers and going to court to discuss everything. By going through this process first, parties can ensure that there divorce proceeds calmly, respectfully, and with both people getting the conclusion that is best for both of them.