Legal issues that fall under the family law category are often very personal matters. Some people who are facing these types of issues want to avoid a long and drawn out court process. In those cases, mediation might be the answer to the issue as long as the parties can work together with some assistance to get things all sorted out.
We know that the thought of having to deal with complex family law issues is one that is difficult. We can help you learn about how mediation can help you resolve the issues that are divided now. If you do opt to go through mediation, you should make sure that you understand what the process entails.
The first thing that you have to do is to agree that mediation is the right choice for your case. From there, you will complete an intake form and provide background information. The next step in the process is to discuss documentation that is part of the case. At this point, it is vital that you provide information that is complete and accurate since a good portion of the mediation process hinges on honesty.
Once all documentation is turned in, you and your ex will need to discuss who is going to be included in the mediation. Do you need a mental health professional, a financial specialist or any other professionals? If so, now is the time to get that agreed upon. From there, you will sign a mediation agreement.
At this point, we will begin the mediation process. The mediator discusses the disputed matters and gives legal information that is applicable. Once you and your ex agree on the necessary points in the mediation, you will sign an agreement. Before you sign that agreement, you must scrutinize it with your attorney.
When you are going through a divorce that involves children, you might end up using mediation to sort out what is going to work for you and your ex regarding the child custody matters. There are several benefits associated with mediation. If you go through mediation, you should make sure that you are ready for the process.
How do the children benefit from mediation?
Children can benefit from mediation because their individual needs can be addressed. If the children are able to express their views, the children can even have a say in the arrangements. The children also have the benefit of seeing that adults can work together even under less-than-ideal circumstances.
How should I prepare?
The most important thing you can do before the mediation begins is to remember that you must have an open mind. You might have some issues that you feel strongly about, but mediation is only possible if you and your ex are willing and able to compromise on the issues at hand. It is usually best for you to have several different solutions in mind when you are heading to mediation.
What else should I know about mediation?
Mediation sessions can get tense at times. In those times, you should be sure to remember that putting your child first is the key to making mediation work.
If you have questions about mediation or need to find out about specific concerns, you should get the answers you need prior to the start of the mediation. Being informed about the entire process might make it a bit easier as you go through it.
Source: Parenting After Divorce, “Tips to Prepare for Child Custody Mediation,” Philip M. Stahl, Ph.D., accessed March 18, 2016
There are several ways that the outcome of a divorce can be decided. In some cases, the two parties might go through the mediation process to determine if they are able to come up with a divorce settlement. There are several different factors that can affect the outcome of the mediation. One of these factors is your demeanor during the mediation process.
You might not think that your demeanor really matters, but negotiation techniques that are used during mediation are the same as those used during a business negotiation. You can’t go into the process wearing your emotions on your sleeve. Instead, you have to remain level headed and calm throughout the proceedings in British Columbia.
That isn’t to say that it is easy to keep control of your emotions during the process. Often, it isn’t all that easy. Still, it is important for you to remember that anger and rage can easily backfire on you during a mediation session.
The key to making mediation work is being able to communicate. This means that you and your ex must be willing and able to talk things out. There is a mediator present to help, but only you and your ex will be able to decide on the parameters of the settlement.
One way that you can help to keep control of your emotions during mediation is to properly prepare. Understand the laws that pertain to your case. Know what your options are. Be willing to compromise. You should decide ahead of time how much you are willing to compromise on each point so that you have a starting point for the session.
Source: The Huffington Post, “Your Demeanor Can Affect Your Divorce Mediation,” Diane L. Danois, accessed March 31, 2016
The collaborative divorce process is appealing to many couples ready to end their relationships. It offers the parties more control over the divorce since they don’t have to go through a court battle or trial. Further, it can often be quicker and less expensive than a traditional adversarial divorce. However, just like with anything else, it is not totally without negatives.
One of the biggest issues with attempting a collaborative divorce is that if the negotiations are not successful, both parties must start over with new legal representation when the case goes to trial. This can seem overwhelming for those who have already put so much time and effort into trying to come to an agreement. It may result in one or both parties making more concessions than they would like out of feeling pressured to come to an agreement.
Another similar issue is that it’s easy to feel rushed. There’s no waiting on the court schedule or the next hearing, so it can add to feeling that you must come to an agreement very quickly. Further complicating this issue is that most people choose a collaborative divorce because they want to settle things quickly. It’s important to take as much time as you need to come to a settlement that is fair and acceptable to both of you.
Understanding the pros and cons of any divorce option is a critical part of making well-informed decisions. If you have questions about whether collaborative law or another option is right for your situation, a lawyer can help you get more information.
Source: The Huffington Post, “Is Collaborative Divorce a Wolf in Sheep’s Clothing?,” Georgialee Lang, accessed March 04, 2016
If you’re thinking of using a collaborative divorce because you think you and your spouse can work things out without a court date, it’s important to know how to approach this properly. It can be a great alternative, but you have to remember that it does put more pressure on you, and the results of the divorce are binding. You can’t go back and redo it later if you make a mistake. As such, keep the following key points in mind:
1. Make sure that both you and your spouse are open and honest. Never try to hide assets. Don’t lie about your income. Don’t give things to other people so that you don’t have to split them up, knowing you’ll get them back after the divorce. Honesty is very important to find a fair solution.
2. Don’t let addictions get in the way. Experts warn that addictions to drugs or alcohol can make the process far harder.
3. Be sure that both people have equal ground and an equal chance to speak their minds. Don’t try to be dominating, forcing your spouse into any decisions—and don’t let your spouse dominate the conversation, either. This has to be a two-way street.
4. Never make threats or act overly aggressive in the negotiations. Even if things aren’t going the way that you hoped, you must stay calm and collected. Never attempt to bully someone else into a decision.
The main key to a collaborative divorce is just to work together and to keep lines of communication open. Additionally, you need to make sure you know what legal steps you need to take in Canada to finalize the divorce.
Source: Forbes, “The Four Divorce Alternatives,” Jeff Landers, accessed March 25, 2016