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Mediation might help to speed up the divorce process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, July 1, 2015.

When you and your ex are ready to call it quits, you likely want to get through the entire process of severing ties quickly. That means going through the divorce process as quickly as possible. While not all divorces are going to happen quickly, there are some ways that you and your ex can speed up the process a bit.

It is important for everyone to know that unless there are allegations of abuse or adultery, getting a divorce means separating for at least a year. If there is an allegation of abuse or adultery, the divorce might be able to be finalized a little faster, but only if the abuse or adultery isn’t contested by the spouse facing the accusation.

You will have to apply for the divorce and go through the process that applies to your case. It is vital that you and your ex work together to determine the terms of the divorce. This can be done through meditation. Having an uncontested divorce is a lot faster than having to go through the court to determine the terms of the divorce.

Even if you and your ex agree on the terms of the divorce, it can take up to six months for the court to receive the application and review it. Once the order for your divorce has been issued, you still have to wait 30 days before you can get a Certificate of Divorce.

While the process for divorcing does take time, being able to work with your ex about the terms is usually beneficial. Divorce mediation allows you to come up with terms that you and your ex agree upon, which means the court won’t have to figure it all out.

Source: FindLaw Canada, “Five steps to a quickie divorce,” accessed July 01, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Tips for a divorce that you can agree with

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, June 9, 2015.

A divorce isn’t something most people plan on going through, but if you have to, you want to make sure you get what you deserve out of your marriage. If you want to have a successful divorce, then there are some tips you can follow.

First of all, you should make sure you gather as much information about your options as possible. Don’t go into your divorce without knowing what you deserve out of it, because you could be left regretting the decisions you make. You need to make objective decisions, which is why many people hire lawyers.

Next, don’t expect too much. It’s not likely that you’ll get 80 percent of the assets in the divorce if you didn’t contribute to them, although it’s possible. Try not to base your expectations on your emotional wants; this could leave you feeling like you were slighted when the divorce was actually fair. To help get you your fair share, make sure you’re honest about your assets with your lawyer, and don’t make deals or agreements without consulting an objective source first.

Try not to focus on the present; instead, focus on the future and how this divorce settlement will affect you in five or 10 years. This can help you make smart financial decisions and allow you to understand the value of the decisions you make at this point in your case.

By following these tips, you can make smart choices based on facts and objectivity instead on your emotions. Manage your expectations, and you may find your divorce moving smoothly.

Source: Huffington Post, “8 Insiders’ Tips for a Successful Divorce,” Elinor Robin, PhD, June 08, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

A parenting coordinator can help you after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, May 5, 2015.

You know that part of the reason you’ve gotten a divorce is the likelihood that you’re going to disagree with your ex-spouse. This can be particularly difficult in cases where you have children involved. Even though you are separated from your ex, you still have to work with him or her to co-parent your children.

Co-parenting is needed, because if you don’t speak to one another about activities, day-to-day issues your children are having or unanticipated events, you could end up having a difficult schedule where no one is on the same page.

Parents who struggle to work together as co-parents can participate in a type of mediation known as parenting coordination. With parenting coordination, the coordinator works as a buffer, allowing each parent to discuss issues with him or her. Then, the coordinator works with the parents to come to a solution that works for everyone involved with the least amount of conflict.

A parenting coordinator won’t be able to change your parenting arrangement or create a new one, but he or she could help you and your ex work out any problems you may have when it comes to agreeing on how to raise your children. For example, if you’re meant to have your child on a Wednesday but you and your ex can’t agree on a time that works for both of you, then a coordinator can help you find a solution that allows you to see your child at an appropriate time for everyone involved.

Our website has more information on parenting coordination and how it can help you. Whether you’re having minor disagreements or major problems, a coordinator can usually help.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Mediation: An effective means of solving family law matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, February 26, 2015.

Mediation has been used by families in British Columbia for several years and has become a preferred means to decide important issues such as property division and child custody. In order for spouses to achieve the best possible outcome from mediation, it is important that both parties act in good faith.

The mediator will function as an impartial person and will work to understand the concerns of both parties. In other words, the mediator will focus not only on what a person wants, but why he or she wants it. With this understanding, the mediator may help both parties find creative solutions that will meet their needs, as well as their children’s needs. If the mediation process is successful, both parties will come away with a legal agreement that they can live with for a long time.

Mediation is a voluntary process, and spouses are free to end mediation and take the case to court. If the parties complete the mediation process, it is a good idea for both parties to have a lawyer review the resulting settlement. This may help to ensure that the interests and rights of the spouses are protected.

Mediation has grown in popularity because it is an effective and efficient means of resolving family law issues. However, mediation does not guarantee that the resulting agreement will be fair. A lawyer may represent an individual during the mediation process to make sure that his or her rights are being protected. To learn more about the mediation process and why it can be an effective tool for creating a divorce agreement, visit our website.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Avoiding court through family mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, January 7, 2015.

Canada’s Family Law Act that became effective in March 2013 may provide a greater ability for family disputes to remain out of the courtroom. The law provides for out-of-court action through mediation to resolve family disputes associated with divorce proceedings. Although a decision to go to mediation might be mutual, in some venues, one party can force mediation by serving notice on another.

As mediation is explored, projects are underway to promote this method of resolving differences. For example, the Legal Services Society has piloted a mediation referral project. This may benefit low-income individuals who might not be eligible for legal aid, allowing them to obtain services related to mediation. The provision of six hours of mediation assistance may be subsidized with additional services at low costs if the six-hour period is insufficient to resolve all disputes. Costs for additional services are to be computed based on a party’s assets and income.

Leaders indicate their appreciation of this method because it involves families in formulating solutions and resolving their own disputes. Additionally, the costs are much lower than those associated with going to trial. Mediation is estimated to cost less than $2,000 total, shared among all parties, whereas a family case can cost nearly $15,000 per party. Leaders express hope that the process will spread to outlying communities, but there are obstacles in finding resources and qualified professionals to provide these services. Statistics for 2013 note that all issues were resolved in approximately 80 percent of cases.

An individual dealing with a divorce may find that mediation is an affordable option for addressing child custody, spousal support and property division. Legal assistance might be helpful during such proceedings to ensure that implications of various decisions are thoroughly understood before a final agreement is made.

Source: Vancouver Sun, “Ian Mulgrew: Family mediation keeps divorce out of the courtroom “, Ian Mulgrew, January 01, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Is an uncontested divorce right for me?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, November 13, 2014.

Some British Columbia residents might not be aware that an uncontested divorce is more easily resolved than a contested divorce. The reason being that the spouses in an uncontested divorce essentially agree to the terms of a settlement without the intervention of a court.

Also called an undefended divorce, an uncontested divorce requires that both spouses are, for the most part, in agreement about the major matters that need to be resolved when a marriage is dissolved. These include asset division, spousal support and child support.

In an uncontested divorce, spouses must agree on nearly every aspect of the divorce as well as on the divorce itself, meaning that one partner cannot hold reservations about going through with the dissolution. Yet, an uncontested divorce is not necessarily synonymous with an easy divorce. For, the divorce-related matters still require settling.

For instance, divorcing couples must decide on how they will divide their debts between themselves. Parenting agreements must also be made, especially with regard to custody, visitation and financial support.

All divorces, including the uncontested type, demand a significant degree of planning. For example, there are residency requirements that must be met. To file for divorce in British Columbia, it is required that at least one spouse has lived in the area for a minimum of one year. If there are disputes about assets, liabilities, child care or any other significant issue, an uncontested divorce may not be possible.

Regardless of how simple a divorce may appear to be, there is no guarantee that it will be easy. For this reason, spouses considering a divorce often rely on the counsel and representation of a divorce lawyer, who may help individual spouses obtain fair and even favorable settlements.

Source: Family Law in British Columbia, “How to do your own undefended (uncontested) divorce“, November 11, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Why would a plaintiff need a mediator?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, November 3, 2014.

Mediation has been used in British Columbia to settle legal disputes for over 20 years. When a judge is called upon to decide these matters, both parties must live with the decision. Mediation allows all parties to remain involved until a consensus is reached. When mediation is entered, an independent third party is appointed to help the disputing parties negotiate. However, unlike a judge, this mediator has no authority to decide matters.

Mediation may be a worthwhile approach for a couple going through a divorce. Emotions can run high during negotiations over matters such as property division, and the detached viewpoint of an independent mediator could allow spouses to find common ground where none seemed possible.

A divorcing couple may also consider mediation when a dispute arises over child custody or visitation. The combative atmosphere of a courtroom could extinguish any remaining chances of an agreement being reached, and a protracted custody battle may cause the child long-lasting emotional damage. While court proceedings generally concentrate only on the legal rights of the parties involved, mediation encourages a broader discussion of needs and interests. Resolving custody and visitation disputes through mediation may also allow parents to have an amicable relationship once these matters are settled, which could be of great value to the child.

Going through a divorce is rarely easy, and the emotional pressure sometimes leads to questionable decisions being made. A lawyer with experience of divorce cases will likely understand the strain that spouses are feeling, and they may be able to suggest strategies, such as mediation, that allow the atmosphere to become less contentious and more productive. However, if this approach does not lead to an agreement, a lawyer could advocate vigorously in court on behalf of their client.

Source: British Columbia, “Family Mediation“, October 30, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

The benefits of divorce mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, October 13, 2014.

Some British Columbia couples whose marriages are struggling may wish to learn more about the mediation process of divorce. Although many may believe that divorces can only be settled in a courtroom, the reality is that some cases are suitable candidates for mediation, particularly those in which both parties are willing and able to collaborate with one another toward reaching an agreement.

In the mediation process, both individuals in the divorce often decide upon their own interests independently with their own legal counsel and work to negotiate them with the other party. Mediation tends to be much less expensive than going to court can be, and parties involved have the option of splitting the costs between themselves. A mediator typically charges an hourly rate, and meetings are usually between two to six hours in duration.

In a collaborative settlement, both parties agree to resolve their differences outside of court. Agreements reached in this way are indeed considered legally binding and may be enforced by a court should one of the parties involved violate its terms. That being said, it may be possible to amend the agreement after it has been signed if both parties consent to the amendment or if circumstances change sufficiently to justify it.

Some mediators can also serve as lawyers and may directly assist in the drafting of any agreement that is reached. In addition, someone involved in mediation may benefit from a lawyer’s assistance in assembling necessary documentation to substantiate their case or reviewing the feasibility of a proposed settlement. If one of the parties later violates the settlement in some way, it may become necessary to initiate legal action to compel them toward compliance.

Source: The Canadian Bar Association BC Branch, “Mediation and Collaborative Settlement Processes“, October 09, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

The role of mediation in divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, June 6, 2014.

The British Columbia Supreme Court and Provincial Court hear many cases related to matters of family law, but many people are unaware that such disputes can also be resolved without litigation. Mediation is often a viable alternative to litigation in a divorce situation, and the process is able to emphasize the interests of both parties.

Litigation is inherently adversarial, creating an atmosphere that suggests a zero-sum game. However, in many family law disputes, both parties may benefit more from compromise and negotiation, and the win-win appeal of mediation promotes such discussion. Moreover, since the costs of mediation are typically paid equally by the participants, it may be a more economical alternative to traditional divorce.

In cases where mediation successfully settles a dispute, a written agreement will be drafted then might be presented to the court for review. The agreement will essentially act as a contract between both parties. In the event that one party violates the terms listed in the document, the other party will have the option of either amending it or compelling the other’s compliance through the court. In addition, it is possible to resolve some facets of a dispute through mediation and others through the court process if some issues prove difficult to negotiate.

While it is not strictly necessary to retain the services of a lawyer to participate in mediation, it may be helpful to do so in some cases, particularly if the issues being discussed are somewhat complicated. Moreover, a lawyer may review the terms of an agreement that has been reached before it is signed and offered to the courts. Since the mediated agreement will likely be treated as a binding contract, it is important to try to ensure that its terms are not wholly disadvantageous to the signing parties.

Source: Ministry of Justice, “Family Mediation“.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370