One statistic that might surprise a lot of people, is that 38% of all marriages end in divorce in Canada says family lawyers Edmonton. Therefore, people often get married, thinking that it will be for life, but end up negotiating a divorce instead. Therefore, teaching everyone how to calmly negotiate terms of their divorce is very important. By understanding what mediation is, and how the process should go can make it a lot easier for people who need to negotiate the terms of their divorce contact mediator to start the process.
The reason why many people do not start with mediation, is because they believe that it is only a process that can be initiated once they have hired lawyers, and that communication has started to break down. Family lawyers Edmonton says while this is often the case, lawyers who need help coming to an agreement with both parties may suggest mediation. This is actually a good first step for people to use first. The first reason why it can be a good first step, is because people do not need to have a lawyer retained prior to mediation. Many people may feel very uncomfortable attending mediation before they have legal representation. However they should not feel the spaces family lawyers Edmonton because no legal agreement can or will be reached on their first session.
What people should expect for the first session, is for absolutely no legal paperwork to be looked at, and in fact, family lawyers Edmonton recommends that both parties leave all legal paperwork at home. They will be able to figure out what paperwork is going to be most necessary, so that they can ensure that both people are responsible for bringing what is required. This can ensure that there is no power imbalance, and both people can feel comfortable coming to the table knowing that the other one does not have a bunch of legal documentation.
While attending a first mediation session can happen without lawyers being hired, what the first session is going to look like, is for a mediator to allow both sides to communicate what is most important to them. Not about who is going to end up with property, or how much money someone’s going to get out of the divorce. But by ensuring both parties can say what is at the core of their needs, interests, and what their fears are can help ensure that the terms of the divorce are addressing what is truly important to both parties. They can get this said at the first session, so that it can often help future negotiations go smoothly, when both people understand what is most important to the other person.
By understanding that mediation can often be a positive first step, can help people hire a mediator as their first step in negotiating a divorce. Family lawyers Edmonton says that while nobody actually wants to go through a divorce, ensuring that the process can get done smoothly and respectfully is important for everyone.
Family Lawyers Edmonton | When Is the Best Time To Start Mediation
Nobody looks forward to negotiating the terms of their divorce says family lawyers Edmonton. Therefore, they often are not prepared for how to start the process. Although many people believe that retaining a lawyer is what they need to do first, it does not have to be. Attending mediation first can be a great staff, to helping both sides feel heard, and indicate what is most important to them, so that they can end up with a divorce agreement that is fair for both, without having to litigate it in court.
The first thing that people need to understand, is that while mediators are often lawyers, they are not legally allowed to give advice in this case. They are going to be a completely neutral third-party that the other person is being heard, and that the agreement that they come to is going to be lawful. Because they do not actually give legal advice, it is going to be important that prior to the completion of any agreement that is mediated, that each person will have to retain their own lawyer, so that they can sign off on the agreement to ensure that it is in their client’s best interest.
The mediator will have a code of conduct that both parties will have to follow in order to ensure that people do not interrupt each other, that there is no yelling, and definitely no physical contact. Family lawyers Edmonton says that this code of conduct will ensure that both people can feel heard, and respected. Often, divorces break down because people do not feel either of those things, so hiring a mediator is often a great place to allow people to get back to communicating well.
Mediators also going to be able to help if there is a power or knowledge imbalance. By ensuring that both people start out with having no legal documentation at the meeting, they also can ensure that financial statements are accurate, and that both parties are aware of all of the legal documentation that is needed, so that there is no knowledge imbalance during the proceedings.
When preparing for mediation, it is recommended that clients carry a notebook with them, not just in the mediation sessions, but afterwards as well. Any time they are think about the proceedings, and have thought, a worry, or something else that has become important to them, they can rated out of the notebook, so that it can be brought up at the next mediation session. Family lawyers Edmonton says a good mediator will know all of the legal things that need to be discussed, therefore clients primary concern should be ensuring that they have their emotional needs and concerns addressed.
When couples who are negotiating terms of their divorce can start with the mediator, the proceedings can often go smoother, and more amicably than if they hired lawyers and litigated in court. This way, mediation can be a positive step to helping people separate their lives when their marriage did not go the way that they planned.