DSC_0006Do I still need a lawyer if I choose mediation?

You are required to retain a lawyer to advise you of your legal rights, review the Memorandum of Understanding created in the mediation process, and provide independent legal advice to convert this agreement into a legal contract. Beyond that, you can consult with a lawyer as little or as much as you want at any point in the mediation process.

If I need to hire a lawyer, why should I also pay for a mediator?

Resolving family matters through mediation, with lawyers involved at appropriate points, should save you money. The mediator charges a reasonable hourly rate, a cost that both divorcing parties share. The process tends to be much quicker and less adversarial with a mediator.

Because you’ll be making decisions together, you’ll have the chance to discuss each decision within the context of your new financial and co-parenting situations. By taking a well thought-out and detailed mediated agreement to your lawyer, you’ll ensure the most efficient use of your lawyer’s time.

Am I likely to obtain a better settlement by hiring an aggressive lawyer?

In almost all instances, the answer is an emphatic “no.” If you hire an aggressive divorce lawyer, your spouse will be compelled to do the same. Your legal bill will grow astronomically as your lawyers battle their way through discovery, and hire an army of experts. The financial pie that you and your spouse are fighting over will dwindle, and you will likely end up feeling that you never exerted any control over the process. If you have children, you may subject them to extreme stress as you fight it out with your spouse. Divorce is hard enough. Don’t make it harder by trying to “crush” your spouse. You’ll end up battering yourself to pieces in the process.

What if one of us isn’t ready for the divorce?

In some cases, one spouse is “ahead” of the other spouse emotionally. He or she may have been thinking about separation long before initiating the divorce process. In this case, the spouse who just “got the news” may be need some time to adjust. Quite often, the reality of divorce doesn’t sink in until several mediation sessions have passed. Mediation can still work well, but the mediator needs to ensure that both spouses fully understand the nature of the discussions. In some instances, the mediator may suggest that the spouse who is struggling to cope with the reality of divorce visit a therapist.

Is divorce mediation only for couples that get along?

No. It’s a common misconception that mediation is only an option for divorcing couples who have a good relationship.

You and your former partner don’t need to agree on issues or even like each other to enter into mediation. However, you must agree that you want a sensible, affordable way to reach an agreement that works for both of you and that you want to put your children’s needs first.

What is the cost?

We charge an hourly rate and our fees are shared between both parties. We charge for time spent in mediation as well as for any time spent on your file outside of mediation. We do not charge for our initial meeting where we discuss the mediation process and determine if it is appropriate for your situation.

I think Mediation might help.  What’s my next step?

For more information, please contact us by phone or email. As mediation is a voluntary process, we will need to have a discussion with both parties before the process can begin.

Confidential Contact

Phone: 506-472-9026
Email: dominique@resolutionlaw.ca

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