MEDIATION
This process involves negotiations by the parties, with the assistance of an independent, third party neutral. Mediation is a consensual process.
Because family law can be legally complex a mediator who is a lawyer is recommended, but whether or not the mediator is a lawyer, their role in this process is not to provide legal advice to either party, but to assist the parties in reaching a mutually acceptable resolution.
The mediator facilitates the discussions between the parties, and the process promotes cooperation and understanding.
Parties may or may not be represented by their lawyers in the process. However, it is recommended that the parties seek legal advice throughout the process so that they can better understand their rights and obligations as they work toward settlement.
Mediation may not be appropriate if there is a history of physical or verbal abuse. It is always recommended and often required for the parties to have legal advice before finalizing any agreement reached in mediation.