Mediation is a method of helping spouses identify their issues and assist them to work towards their mutually agreed solutions. Whenever spouses are not able to resolve their issues on their own, a mediator may be able to help in establishing communication between them.
Trained family mediators can help spouses resolve issues regarding separation, parenting, divorce, support payments, division of property and much more. They are third parties and are neutral in nature.
Mediation is a process which can be used to resolve disputes before litigation is considered. Once an agreement is reached in the stage of mediation, it is advisable that you review it with your lawyer before signing the documents.
Mediation is not right for everyone, especially in cases of violence or abuse.
What are the benefits of family mediation?
Mediation as a process of divorce settlements has many advantages including:
- A voluntary process in which both the parties can join or leave at any time
- Acts as an enabler to allow spouses to resolve their own issues
- If children are present, their best interests are considered
- Improves communication skills of spouses and works towards reducing future conflict
- Cheaper than litigation and less formal than the court proceedings.
When is family mediation suitable?
There are certain situations where mediation is most suitable including:
- Willingness to resolve disputes must be present in both parties
- Should be comfortable meeting the other party to discuss the issues and settling the disputes amicably
- Should be communicative to understand the other party’s concerns and communicate with him/ her your needs
What issues can be mediated?
- Issues regarding how and what time to separate
- Child custody and access
- Child support
- Spousal support
- Division of property
- All other associated issues
What is the time period of family mediation?
Mediation starts when both parties are present and the time period depends on many things:
- Kind of issues to be mediated
- The degree of conflict amongst the spouses
- Level of cooperation amongst the spouses
What is the contribution of a family mediator?
A fair and lasting divorce settlement is the primary objective of a mediator. A mediator only assists the parties to reach an agreement and remains neutral by not taking sides.
Lawyers are required in a divorce settlement as they can provide independent legal advice. Mediators do not give legal advice.
Both parties should review the final agreement post mediation with their respective lawyers before signing it. In case settlement is not reached, either spouse can proceed with litigation.
How is a family mediator chosen?
Both spouses need to agree on the mediator who will resolve this dispute. Mediators are not regulated. The mediator can be available at private practice, community groups and counselling companies.
Certain aspects should be considered before a mediator is finalized:
- Quantity and quality of issues to be sorted out in family mediation
- Skillset and training in family mediation
- Education and Professional background (for example law, social work, education, psychology)
- Determining mediation fees and how they can reach their goal
- Dates and times available for scheduling mediations
Family mediation services are offered by the private practice mediators, community groups and counselling organizations.
How We Can Help
At Nanda & Associate Lawyers, our capable Family Law lawyers help in making effective representation for mediation of divorce settlements. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in identifying and scheduling a mediator, and an experienced Family Law lawyer can help you to navigate better in those complex situations.
Our Mississauga Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client.