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Resolving Family Law Problems out of Court (view source)
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Mediation is another kind of structured negotiation. In this process, the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find a settlement that will work for both of them. The goal of mediation is to arrive at a settlement of some or all of the legal issues which both parties are as happy with as possible. | Mediation is another kind of structured negotiation. In this process, the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find a settlement that will work for both of them. The goal of mediation is to arrive at a settlement of some or all of the legal issues which both parties are as happy with as possible. | ||
Mediation may be used by parties who never plan to set foot in a courtroom. It is also useful for parties who have started a court proceeding but would rather settle out of court than go through trial. The general rule is that mediation is a ''voluntary'' process. There is one exception to that rule. If you and your spouse are already parties to an action in the Supreme Court, the ''[ | Mediation may be used by parties who never plan to set foot in a courtroom. It is also useful for parties who have started a court proceeding but would rather settle out of court than go through trial. The general rule is that mediation is a ''voluntary'' process. There is one exception to that rule. If you and your spouse are already parties to an action in the Supreme Court, the ''[https://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]'' provides a mechanism for requiring the other side to try mediation before getting into the courtroom. To find out how to use this regulation, see [https://bcfamilylawresource.blogspot.ca/2014/01/lets-mediate-primer-on-notice-to.html JP Boyd on Family Law: The Blog]. | ||
If the parties reach a settlement, the terms of the deal can be set out in a ''separation agreement'', in ''minutes of settlement'', in a ''memorandum of agreement'', or in a ''consent order'', depending on the circumstances and the preferences of the parties. These are all ways of recording the terms of settlement. This is really important because, without some record of the deal that was reached, there's no way to confirm what the exact terms of the deal were if people start remembering things differently. | If the parties reach a settlement, the terms of the deal can be set out in a ''separation agreement'', in ''minutes of settlement'', in a ''memorandum of agreement'', or in a ''consent order'', depending on the circumstances and the preferences of the parties. These are all ways of recording the terms of settlement. This is really important because, without some record of the deal that was reached, there's no way to confirm what the exact terms of the deal were if people start remembering things differently. | ||
Many lawyers also work as mediators. Lawyers who work as mediators are called ''family law mediators''. They have to have additional training in mediation, family violence, and the power dynamics involved in dispute resolution processes. Lawyers who are family law mediators <span class="noglossary">will</span> usually advertise that they are both lawyers and mediators. More information about the training requirements for family law mediators is available from the Law Society of British Columbia's page on [https://www.lawsociety.bc.ca/ | Many lawyers also work as mediators. Lawyers who work as mediators are called ''family law mediators''. They have to have additional training in mediation, family violence, and the power dynamics involved in dispute resolution processes. Lawyers who are family law mediators <span class="noglossary">will</span> usually advertise that they are both lawyers and mediators. More information about the training requirements for family law mediators is available from the Law Society of British Columbia's page on [https://www.lawsociety.bc.ca/for-lawyers/practice-resources/resources-by-area-of-practice/family-law-alternate-dispute-resolution-accreditation/ Family Law Alternate Dispute Resolution Accreditation], which also covers family law mediators. | ||
For a quick introduction on starting mediation, see [[How Do I Start Mediation with My Spouse?]]. It's located in the Helpful Guides & Common Questions part of this resource, in the section ''Alternatives to Court''. For more detailed information about the mediation process, see the [[Family Law Mediation|Mediation]] section of this chapter. | For a quick introduction on starting mediation, see [[How Do I Start Mediation with My Spouse?]]. It's located in the Helpful Guides & Common Questions part of this resource, in the section ''Alternatives to Court''. For more detailed information about the mediation process, see the [[Family Law Mediation|Mediation]] section of this chapter. | ||