While most people are not looking forward to their divorce negotiations, there are several things that they can do to make the process be smoother and easier says family lawyers Edmonton. Even before people are retaining lawyers to help with their divorce, a couple can decide to go to a mediation appointment, in order to test the waters to see what the process will be like. This can be an important first step to helping ensure people understand what they need to do prior to getting their divorce.
One of the worst things that should understand, is that they do not need to have obtained a lawyer in order to set up an appointment with the mediator. While many people are uncomfortable talking to mediator before speaking to a lawyer, family lawyers Edmonton says that the most important thing people need to remember is, not only do they not have to make any decisions in that appointment, but they can also decide to go for the different mediator if they are uncomfortable. By retaining a lawyer first, people might be adding expense to an already expensive process.
By attending a mediation session first, people can see how the process works, and understand that the mediator is a completely neutral, third-party person that will ensure both people are being listened to. They are going to help both people reach an agreement. Family lawyers Edmonton says that will need to ensure that they have retained lawyer before the end of the mediation, because each person’s lawyer needs to ensure that what is agreed upon is there for their own client. Not only is it important that they lawyer ensures that their clients knows what they have agreed to, but they are also fully aware of all of the various options they could have chosen, and what they are also legally entitled to. While a mediator knows the full extent of the law, they also are not allowed to give advice during this process. Since a lawyer is going to be required to sustain the agreement, having that lawyer retained prior to the end of the negotiations is important to ensure that both parties lawyers are making their recommendations for the mediation is complete.
By coming to the decision that they are going to end their marriage, and then hiring a mediator can be the most important first steps that people go through. They need to ensure that as they set up time to go to the mediation, that they are thinking about what is most important to them. Family lawyers Edmonton says that people should make a list of the things that are most important to them so that the mediator can keep those things in mind. This should not be about division of property, assets and finances, but more about things that are important to them, for example, living in the same area so they both can see their children, coparenting agreements, just to name a couple.
Family Lawyers Edmonton | Why Is Mediation Needed?
One of the most important reasons why mediation is needed says family lawyers Edmonton, is the alternative can be messier and more expensive. If people decide to proceed with a divorce support hiring a mediator, they will be each paying their own lawyer that they have retained to negotiate the terms on their behalf. Rather than two people paying one neutral party person, they are both going to be paying a lawyer. And both lawyers are not neutral, and when this happens, it can actually end up being a more drawnout process. Not only does it often end up being more expensive and longer, it also does not have the goal of reaching mutually beneficial agreement, and it can get messy and ugly very quickly. If people avoid mediation and go straight to negotiating their lawyers, it can quickly proceed to litigation. If people are allowing a judge to make the decision on how to handle their divorce, they may end up with a divorce that neither person is happy with.
Since a mediator must be a completely neutral third party, it is important that people are choosing a mediator in a law office that their lawyer is not at. This is not a problem if they have not already chosen a lawyer, but if they have a lawyer, they need to ensure that they are hiring a mediator that is able to remain completely and totally impartial. Therefore, it is often beneficial for people to hire a mediator, and attend the first session to see how the process went, and then finding a lawyer to retain that was from a different law firm.
In the rare cases where parties are unable to meet with the mediator in the same room, because their communication has already broken down says family lawyers Edmonton, AB mediator can mediate with each party in a different room. While this takes a longer time, because communication is much more difficult, and the longer time costs more money, it is still a better and cheaper alternative than litigating. Not only because they are only paying one third-party person, but because mediator’s goal is to end up with something that both people are happy with. Instead of two lawyers fighting it out to prove that their client is correct.
If people are worried that the mediation is not going to go smoothly, family lawyers Edmonton says that they can bring that concern up with the mediator prior to the meeting. A great mediator will have rules of conduct that is clearly outlined prior to the meeting as well as at the beginning of the meeting to ensure that nobody raises their voice, the interest each other, and there is an absolute ban on all physical contact. This means that not only can the mediator listen to both parties, but it also ensures that both parties can listen to each other. This can help negotiations go smoothly.
By hiring a mediator, it can help people and up with a divorce agreement that is fair for both people and all the looks forward to going through a divorce, getting through the divorce as easily and least emotionally charged as possible at the end of the day is a great goal.