Family Law Mediation: Difference between revisions
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{{JP Boyd on Family Law TOC|expanded = outofcourt}} | {{JP Boyd on Family Law TOC|expanded = outofcourt}} | ||
Mediation is a process in which the two sides of a dispute work with a neutral third party, a mediator, to reach an agreement which deals with all or some of the issues in dispute. Mediation is not couples counselling; it is a legal process intended to help resolve a dispute without going to court. Mediators are usually trained professionals, and lawyers who are family law mediators are specially accredited by the Law Society of British Columbia. | Mediation is a process in which the two sides of a dispute work with a neutral third party, a mediator, to reach an agreement which deals with all or some of the issues in dispute. Mediation is not couples counselling; it is a legal process intended to help resolve a dispute without going to court. Mediators are usually trained professionals, and lawyers who are family law mediators are specially accredited by the [http://www.lawsociety.bc.ca Law Society of British Columbia]. | ||
This page provides a brief overview of mediation, a description of the mediation process, some tips for making the most of mediation, and an introduction to the mediation services offered through the provincial government. | This page provides a brief overview of mediation, a description of the mediation process, some tips for making the most of mediation, and an introduction to the mediation services offered through the provincial government. | ||
==Introduction== | ==Introduction== | ||
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The mediator has no stake in how the mediation turns out, and should have no bias in favour of either party and no special connection with either party. The mediator's position as a neutral third party is probably the mediator's most important role. It allows the mediator to be absolutely frank with each of the parties, and to point out when a party's expectations on an issue are unrealistic. Someone involved in mediation is a lot more likely to accept that his or her position is unreasonable when a mediator says so rather than the other party. | The mediator has no stake in how the mediation turns out, and should have no bias in favour of either party and no special connection with either party. The mediator's position as a neutral third party is probably the mediator's most important role. It allows the mediator to be absolutely frank with each of the parties, and to point out when a party's expectations on an issue are unrealistic. Someone involved in mediation is a lot more likely to accept that his or her position is unreasonable when a mediator says so rather than the other party. | ||
==The | ==The mediation process== | ||
The first step is for each party to hire a lawyer. Even if you don't intend on hiring the lawyer for the whole mediation process or have the lawyer present at the mediation, it can be critical to meet with a lawyer before the process begins to get some proper legal advice about the law that applies to your situation, and a sense of the general range of likely outcomes and the options available to you. | The first step is for each party to hire a lawyer. Even if you don't intend on hiring the lawyer for the whole mediation process or have the lawyer present at the mediation, it can be critical to meet with a lawyer before the process begins to get some proper legal advice about the law that applies to your situation, and a sense of the general range of likely outcomes and the options available to you. | ||
If you plan on retaining the lawyer for the mediation process, the lawyer will have the names of three or four mediators with whom he or she prefers to work. | If you plan on retaining the lawyer for the mediation process, the lawyer will have the names of three or four mediators with whom he or she prefers to work. [http://mediatebc.com/Mediation-Services/Family-Mediation-Services.aspx Mediate BC], formerly the BC Mediation Roster Society, maintains a list of many, but not all, of the people who are trained as lawyers in this province. Their website can help you find a mediator and offers more information about the mediation process. Many family law lawyers, who may or may not be members of Mediate BC, are also accredited family law mediators; lawyers who work as mediators will usually say so in their advertising. | ||
===Getting | ===Getting organized=== | ||
If mediation is being undertaken as an alternative to litigation rather than to achieve a settlement in the middle of the litigation process, the mediator may ask everyone to come to an initial meeting in order to assess the dynamic between the parties, explain the process of mediation, talk about the exchange of documents and discuss costs. Some mediators prefer to arrange separate, individual interviews with the parties, while others will ask the parties to each fill out a questionnaire and others will be happy with a couple of telephone calls. | If mediation is being undertaken as an alternative to litigation rather than to achieve a settlement in the middle of the litigation process, the mediator may ask everyone to come to an initial meeting in order to assess the dynamic between the parties, explain the process of mediation, talk about the exchange of documents and discuss costs. Some mediators prefer to arrange separate, individual interviews with the parties, while others will ask the parties to each fill out a questionnaire and others will be happy with a couple of telephone calls. | ||
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Next, the parties and the mediator will agree to a schedule of meetings, the ground rules for these meetings and the objects or goals of the process. Sometimes the decisions as to ground rules and goals are left to the parties themselves; it is their process, after all, not that of the mediator. If the parties are using lawyers, this step may be left out since ground rules aren't required or because the lawyers will be able to agree on the ground rules among themselves. Whether there are multiple meetings or not depends largely on the parties and the number of issues outstanding. Often a single half- or full-day meeting will produce a settlement. | Next, the parties and the mediator will agree to a schedule of meetings, the ground rules for these meetings and the objects or goals of the process. Sometimes the decisions as to ground rules and goals are left to the parties themselves; it is their process, after all, not that of the mediator. If the parties are using lawyers, this step may be left out since ground rules aren't required or because the lawyers will be able to agree on the ground rules among themselves. Whether there are multiple meetings or not depends largely on the parties and the number of issues outstanding. Often a single half- or full-day meeting will produce a settlement. | ||
===Exchanging | ===Exchanging information=== | ||
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The parties will then begin to assemble the documents required to explain their separate financial situations. Normally this will consist of simply completing a formal Financial Statement, court form also used in litigation that sets out each party's income and expenses, and assets and debts. Supporting documents will have to be gathered as well, which will usually consist of things like: | |resourcetype = guides on preparing Financial Statements<br/> | ||
|link = [http://www.familylaw.lss.bc.ca/guides/mini/howtofillfinanstate_sc.php for Supreme Court] and [http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_PC.php Provincial Court] | |||
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The parties will then begin to assemble the documents required to explain their separate financial situations. Normally this will consist of simply completing a formal Financial Statement, a court form also used in litigation that sets out each party's income and expenses, and assets and debts. Supporting documents will have to be gathered as well, which will usually consist of things like: | |||
#income tax returns; | #income tax returns; | ||