Edmonton Divorce Lawyers Discuss Why You Should Consider Mediation
If you are going through separation or divorce and considering litigation to resolve your family law issues, you may wish to consider mediation as an alternative to going to court. Mediation is almost always less expensive and faster than litigation, and it also offers a host of other potential benefits. The seasoned divorce lawyers at Gunn Law Group in Edmonton, Alberta prepared this article to explain the mediation process and highlight the advantages of using mediation to resolve family law disputes.
What is mediation?
Mediation is a way of helping people resolve issues relating separation or divorce, including:
- Custody, access and parenting
- Child support
- Spousal support (alimony) support (alimony)
- Division of assets
The mediation process involves you and the other party to the family dispute sitting down with a specially trained mediator with the goal of reaching a mutually agreeable resolution of the issues. The mediator, who is neutral third party, helps the parties identify issues and engage in effective communication that focused on those issues.
If you are looking for a mediator, contact Rebecca or Shannon, our seasoned separation and divorce lawyers and trained mediators who understand that sometimes your best option is keeping the matter out of court. Having seen the benefits of mediation first-hand, our lawyers are firm believers that, with the right guidance, most disputes can be solved efficiently and respectfully through mediation.
Do I need a lawyer for mediation?
Parties can attend mediation with or without lawyers. However, most mediators require the parties to at least seek legal advice before the mediation begins. It is very important for you to know your legal rights and obligations and how family law applies to your issues, but a mediator cannot give legal advice or offer his or her opinions on the legal issues.
In addition, it is highly recommended that each party to the mediation review the mediated agreement with a lawyer before signing. If you need legal advice prior to attending mediation, want an experienced family lawyer to attend mediation with you, or wish to have a mediated agreement reviewed to ensure it protects your legal rights, contact our team of experienced separation and divorce lawyers in Edmonton, Alberta.
What happens after mediation?
When mediation is successful, it results in the parties entering a legally binding contract outlining the agreed terms. If mediation does not result in an agreement, or results in an agreement on some but not all of the issues, either party is free to pursue other options after the mediation, such as litigation or another form of alternative dispute resolution, such as collaborative divorce.
What are the advantages of mediation?
Through our years of experience, the separation and divorce lawyers at Gunn Law Group have seen the benefits of mediation firsthand. Here are some of the key advantages of using a trained family mediator to resolve family law disputes by way of mediation:
- Mediation can be used at any stage. The parties can try mediation before starting a court case or at any time after litigation has been started.
- It is private and confidential, unlike the court process.
- It is non-binding until an agreement is reached. Because mediation is optional and voluntary, it is open to the parties to leave at any time.
- It allows the parties to control the process and come to their own customized solution instead of leaving the ultimate decision to a judge. Parties often express great satisfaction with having been able to decide the issues for themselves by way of a mediated agreement.
- Mediation is almost always faster and less expensive than going to court to settle family law issues.
- Because the mediator facilitates the discussion and keeps the parties focused on the issues, the mediation process may help reduce future conflict by improving the parties’ communication and strengthening the parties’ ability to work on problems together.
- Where the parties have been able to resolve most issues on their own through direct negotiation, but there are a few “sticking points,” mediation offers an effective way of resolving those last issues that the parties cannot agree on.
The list above is by no means exhaustive; there are many other benefits to mediation in the family law context. That being said, mediation may not be advisable in some situations. If there are significant communication problems, safety issues, or a history of manipulation or abuse in the relationship, mediation may not be recommended. Speak with one of our divorce lawyers today to see if mediation would be a good choice for you.
Contact an experienced divorce lawyer in Edmonton, Alberta
The process of separation and divorce can be the toughest, most emotionally trying period your life. If you are going through a separation or divorce and want to know if mediation is right for you, connect with Edmonton’s Gunn Law Group today at 780-488-4460 to set up an initial consultation.
We can discuss your legal options and work with you to create a strategy for obtaining resolution of your family law dispute. If after evaluating your needs and circumstances it is decided that mediation is not the best option for you, our separation and divorce lawyers can advise you regarding collaborative family law, court proceedings, document preparation – anything you need to protect your rights and interests, and to make the entire process as simple as can be.
You can trust our separation and divorce lawyers to help you navigate all the complex issues that are specific to a family law case. The lawyers at Gunn Law Group are committed to providing you with an efficient, respectful experience that leaves you in a strong position for the future.
Justine Fallu’s legal journey began at the University of Alberta Law School, where she co-founded the Francophone Law Students’ Association and participated in the Michel-Bastarache moot. Admitted to the bar in 2020, Justine is a versatile legal professional.
With her Collaborative Family Law designation obtained in 2022, Justine is equipped to serve as both a mediator and a Collaborative Family lawyer. Her commitment to collaborative resolutions aligns with her belief in tailoring methods to meet her clients’ unique needs.
