
Resolve your family law issues out of court with the help of a neutral mediator who will facilitate settlement negotiations between you and your spouse. In family law, mediation can assist parties with resolving issues pertaining to parenting, support, and property division. Mediation is becoming an increasingly more common way for families in Vancouver to resolve their disputes.
Mediation tends to be successful when both parties are open, willing, and able to communicate effectively with each other. Mediation gives spouses the ability to craft a settlement based on their terms, and not have one imposed on them by a judge. You will keep costs down and maintain a high level of control.
What is mediation & why will it work for you?
- • Mediation is a process where spouses work with a neutral third party (the mediator) who facilitates communication, assists the parties to identify their needs, and enables the parties to reach their own agreement.
- • A mediator will provide the spouses with legal information, but not legal advice. The spouses may have a lawyer present at the mediation, but it is not necessary.
- • If the participants attend mediation without a lawyer, they will meet with a lawyer before and during the mediation to receive independent legal advice (“ILA”) about their respective legal rights and obligations. The mediator will require the parties to obtain “ILA” on any agreement reached at mediation before it is legally binding.
The advantages of mediation:
- Affordable: Mediation costs considerably less than litigation as it takes less time, and it is not necessary to have a lawyer represent you.
- Efficient: A mediation session can usually occur immediately unlike litigation where you must wait for the court to schedule your hearing, and in the case of a trial, you may have to wait up to a year or more! The mediation process can usually settle a dispute within a few sessions.
- Confidential: Information disclosed during mediation is “without prejudice” which means the participants cannot use it outside of the mediation or in subsequent litigation.
- Effective: Most family law disputes settle at mediation.
- Empowering: The mediation participants are in control and directly engaged in the negotiation of their settlement.
- Preserves relationships: Through mediation (as opposed to litigation), participants enhance the likelihood of preserving their relationships. This is especially important where children are involved, and the spouses’ relationship will therefore continue into the future.
- Flexibility: Mediation can be used at any time, even if the couple is already involved in litigation.
Are you interested in mediation?
I am an Accredited Family Law Mediator with the Law Society of BC, so I am here to assist you and your spouse resolve your family law issues. I also successfully represent my clients while acting as their family law lawyer at mediations.