If you’re going through a separation or divorce, you may have to go through a dispute resolution process to resolve any family law issues after you separate from your spouse. For example, if you have entered into a prenuptial agreement with your ex-spouse or common law partner, then a part of that agreement often states that the parties will resort to mediation before any court proceedings are initiated. In addition, it may be possible to reach an agreement with family mediation to avoid other costly and stressful legal interventions. Mediation is a confidential service guided by trained mediators who are independent and impartial. With mediation, a couple works to reach agreement between themselves.
Family mediation can help couples:
- Avoid costly court procedures;
- Reach an agreement with a calm and constructive approach;
- Have a safe and private environment for discussions;
- Have a greater ability to make decisions; and,
- Come to an arrangement with the help of an experienced mediator.
Family mediation lawyers are required to remain neutral. Instead of advocating for one side in particular, their goal is to work towards coming to an agreement that both parties can live with. While the mediator can help you and your spouse reach an agreement together, they will not make decisions for you, whereas a judge could.
The lawyer may also perform other services as part of the mediation services such as researching, hiring accounting or child development specialists that can help provide each party with greater insight before reaching an agreement.
The mediation process is informal and there are few requirements. Each participant is able to move at their own pace to reach a resolution. The mediator will generally coordinate any remote and in-person meetings to identify and work to overcome any disputes. If a final agreement is made, the mediator will create a mediated agreement to be signed and submitted to a court.
It’s important to keep in mind that a resolution may not be reached in the end as it is a completely voluntary process. Either party can decide to walk away before signing the agreement. All parties should therefore be entering the mediation with a willingness to resolve the dispute in good faith.
It can sometimes be helpful to get independent legal advice before beginning mediation to help you be aware of your rights and the law. Nirwan Law family mediation lawyers are able to help if you are seeking to come to an agreement with your former spouse or common law partner outside of the sometimes daunting and stressful the court process. We are committed to developing agreements that help families move forward without feelings of resentment.
If you have successfully reached an agreement with your spouse or common law partner, we at Nirwan Law can also assist you to draft a separation agreement detailing the agreement you have reached with your spouse or common law partner.