The Mediation Process in Ottawa
Mediation is a hands-on and task-oriented process. The process is usually less time-consuming compared to a traditional legal proceeding and can help parties avoid unnecessary legal costs. It also provides the parties with more privacy and a high degree of flexibility compared to the court proceedings. Mediation sessions typically last for up to 10 hours. The session may be spread over one or more segments. It is an informal and confidential process and is usually conducted in a meeting room at the mediator’s office.
Most of the time, the mediator meets with both parties and their attorneys in the same room, but he or she may also spend some time
having individual conversations with each party to try and come to an agreement.
Prior to the mediation session, you and your lawyer will discuss your hopes, goals, and ideal outcomes. You also need to clarify the areas where you might be willing to make a compromise and your non-negotiables. It is recommended that you commence the mediation process with a clear image of the outstanding issues and where you stand in regard to those matters.
Is Divorce Mediation the Right Option for Me?
If you are considering mediation, various elements, and factors will contribute to your suitability for the process. Before deciding whether mediation is the right option for you, we recommend you speak with our experienced Ottawa family law lawyer. As every family dispute is unique, your needs and goals must be evaluated based on a realistic perspective of your situation and your relationship dynamic with your former spouse.
Successful mediation requires open and honest discussions and a flexible attitude toward problem-solving. For example, mediation might not be the right option for you if there is an imbalance of power present in your and the other party’s relationship. In other cases where there is a history of abuse or ongoing abuse, mediation would not benefit the parties.
It is important to fully evaluate whether mediation is the right process for you to avoid further delays, expenses, and trauma. In most family disputes, the common goal is to resolve the issues in the most efficient way. In certain situations, mediation not only doesn’t help the parties reach this goal, It even further complicates the matter. Therefore, it is significantly important to have a detailed discussion with your lawyer before committing to the mediation process.
Do I Need an Ottawa Family Lawyer Throughout the Mediation Process?
During the mediation session, it is your lawyer’s responsibility to provide you with legal advice and not the mediator’s. The mediator will instead act as a “go-between” to help facilitate communication between the parties. However, the mediator cannot force the parties to agree, and cannot impose an outcome. If an agreement is not reached, however, the parties may decide to pursue their claims in other forums.
Having access to legal advice is crucial throughout all the steps of the mediation process and specifically when an agreement is reached. Parties will benefit immensely from having the final Agreement reviewed by a lawyer before it is executed. Parties must make sure that their legal rights are protected and that they don’t agree to terms and clauses that would have a negative impact on their rights and liabilities in the future. Having someone by your side who knows your case, your goals, and your desired outcome, has knowledge of the applicable laws to your situation and has your best interest in mind will make the mediation process significantly easier and less overwhelming.
You may feel more in charge of the process because mediation enables you to directly participate in drafting the resolution of the issues between you and your spouse. You will unavoidably need to make some concessions in order to reach a settlement during mediation, so be prepared for that. However, the mediator might be able to assist you and your spouse in reaching a customized agreement that strikes a reasonable balance between the specific issues you both have. Your attorneys are instrumental in defending your rights at every stage of the procedure. Your attorney will see to it that your rights are upheld and that nothing you agree to during the mediation will put you in a disadvantageous situation later on.
Professional Ottawa Divorce & Separation Mediation Services
If you are going through separation or a divorce, and contemplating whether mediation would be the right option for you, the experienced lawyers at RPB Ottawa Family Law will be able to provide you with the guidance you need. Book a consultation today with one of our experienced lawyers through our website.
Talk to an Ottawa Divorce Lawyer Today
RPB Family Law, an Ottawa-based family law firm, is dedicated to helping families find the best solutions to their problems. From divorce cases to child custody agreements, we approach every case with compassion and an open mind because we know that every family is different.
Our attorneys are highly experienced in all areas of Family Law in Ottawa and are willing to help you through any process. Contact us today at (613) 216-5044 to schedule a consultation with an experienced Ottawa Divorce Lawyer to discuss your case.