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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

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