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Difference between revisions of "Family Law Mediation"
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A couple can start mediation as an alternative to court or as a settlement process after a court proceeding has started. The result of a successful process of mediation is usually a separation agreement. If litigation has started, a settlement can be recorded as either a separation agreement or as an order that the parties agree the court will make, called a "consent order." If a couple are married, a consent order may make sense since they'll require an order for their divorce anyway. | A couple can start mediation as an alternative to court or as a settlement process after a court proceeding has started. The result of a successful process of mediation is usually a separation agreement. If litigation has started, a settlement can be recorded as either a separation agreement or as an order that the parties agree the court will make, called a "consent order." If a couple are married, a consent order may make sense since they'll require an order for their divorce anyway. | ||
Just the people involved can attend mediation with their mediator, or they can bring their lawyers with them as well. The mediator's job is to facilitate the parties' negotiations, to provide a neutral third party perspective, and to help ensure that any settlement is reasonably fair to all concerned, including the children of the relationship. As a mediator myself, I often appreciate having the lawyers present; it makes my job easier if I can rely on the lawyers to explain the law or to point out why a particular position is ill-advised. | Just the people involved can attend mediation with their mediator, or they can bring their lawyers with them as well. The mediator's job is to facilitate the parties' negotiations, to provide a neutral third party perspective, and to help ensure that any settlement is reasonably fair to all concerned, including the children of the relationship. | ||
As a mediator myself, I often appreciate having the lawyers present; it makes my job easier if I can rely on the lawyers to explain the law or to point out why a particular position is ill-advised. | |||
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. | ||