The reason so many people have questions about mediation according to family lowers Edmonton, is because they are unaware that this is a process that is available to them before they even hire their first lawyer. Many people believe that mediation is only a process that can be started once communication as already broken down. However, people should keep in mind that mediation is always an option, and if people in this process for medication breaks down, they can often reach an agreement that is beneficial to both parties simply, and easier than simply hiring two lawyers and litigating.
There are many questions that people have associated with hiring mediator, especially because they do not realize that is option in the beginning. One of the first questions that people who are looking to hire mediator ask: how can people be assured they will feel safe and be treated respectfully by the other party during mediation? This is a very important question, often because by the time people decided to end their marriage, communication has already broken down significantly. However, a great mediator will be communicating with both parties prior to the mediation, and explain that there are rules of conduct that must be followed during the appointment. These rules will be along the lines of ensuring both people thus into each other, one talks over the other, they do not interrupt each other, they avoid yelling or raising their voice, and absolutely no physical contact. If this is not adhered to, mediator will be able to stop the process at any point.
It is also very important to note that if anyone feels that they would be at risk in the office before or after the mediation, that they are communicating that before the appointment. That way, mediator will be able to make arrangements in advance to have both parties arrive separately, leave separately, and avoid being left alone at any time together.
Another question that people often have is: how does mediator help with power knowledge imbalance? This is an especially important question, since a lot of divorces are as a result of this power imbalance. The process of mediation can help but that balance back, because as a neutral third party, they are working to ensure both sides are ending up with what is legally required, and what is there for all.
Clients often want to know what they can do to ensure all of their issues are being addressed? A good mediator will be an excellent listener, and allow people to speak freely when it is their turn. However, that often, people think of things outside of mediation, whether it is a thought, a worry or emotion. If clients are able to carry around a notebook, so that as they think of things, they can write them down, it will ensure that they can remember them at the next mediation meeting, and they can have all of their concerns addressed.
Helping people understand the mediation process, and what to expect can help them more comfortable with it, so that they can hire mediator to help them with their divorce process. Mediators are trained to listen, and be impartial, and can be an important aspect of their agreement being reached for all parties.
Frequently Asked Questions About Mediation
The reason why many people have questions about the mediation processes is because they are unaware that this is a process that exists prior to hiring a lawyer. In fact, many people believe that this process must be instigated by their lawyer, and only after communication has broken down. This is actually not true, anyone can hire mediator, even before they hire a lawyer to help with their divorce agreement. And in fact, it is often beneficial, for people to get help from the mediator prior to hiring a lawyer, so that when they are ready to retain a lawyer, they already have most of the agreement figured out.
There are many questions that people have however when it comes to hiring mediator that can help demystify the process for most people. One of the first questions that people often have is do they meet with the mediator individually, or together with their spouse. We suggest that mediators start with both parties. As a neutral party, and with rules of conduct in place, there is a good chance that the conversation between all parties will be civil. However, if an mediator discovers that both parties cannot be in the same room same time, they can separate the two and go between each party into individual rooms. While this shuttle mediation is possible, it is much more difficult, especially as a lot of communication especially nonverbal is not transferred, and it also takes a much longer time. Also, the additional time also equals a higher expense. However, keeping that in mind, even if couples are unable to be in the same room at the same time, this style of mediation is still much more cost-effective and less time-consuming than litigating.
Another question that many people often have when it comes to mediation, especially as they fear not being able to have a meeting with their spouse in the same room, is: can their lawyer come into the mediation with them? That this is absolutely possible, and is as the clients are comfortable. However, it is less common, partly because of the expense of paying for a mediator as well as a lawyer at the same time, but typically, communication can be civil enough with the mediator present, that lawyers do not add a lot to the process.
By understanding what is involved in the mediation process can help people understand when is the best time for them to hire mediator. This can significantly help with the process of coming up with an agreement that is fair for both parties. By engaging in this process earlier on in the agreement, can help people avoid the communication breakdown that might risk being able to come to any agreement.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.