Mediation consists of experienced and trained professionals or mediators who help build a negotiation between the disputing parties. Mediations are structured so that the third party or mediator involved would be impartial and neutral while assisting the parties in resolving the dispute. It is not new and is prevalent among people who want to resolve the dispute without taking it to court.
Family mediation is a widespread form of resolving disputes among family members, especially in situations like divorce. Unlike in court, where the judges decide on behalf of the parties involved, mediators assist them while they reach a conclusion and take a decision together.
What Is The Role Of A Family Mediator?
Here are the different aspects of a mediator's role during divorce mediation:
Equal opportunity: A family mediator must ensure that both spouses have an equal opportunity to present their views. They can end the mediation process at any time if they consider that it would be effective and help the people involved.
They need to hear individual decisions: A family mediator can never make any decisions on behalf of the spouse. Besides, they must help maintain a respectful surrounding during the mediation session.
Act as an advisor: They can advise the involved parties to take legal aid and consult a legal professional or a Canberra family lawyer in case they need legal advice on the issues.
Present an unfair side: Mediators can never take either the spouses' side or represent either of them. They must be on the middle ground and neutral and impartial towards both spouses. However, they can help the ex-spouses consider the needs and requirements of the children.
Assistant for making changes: They assist in making changes in the agreements signed before as the children have grown up and now have particular needs and requirements.
Be a legal informer: They can provide legal and general information but can never provide legal advice as it is the lawyer's job. In addition, a mediator must encourage and help both parties to communicate. Their ultimate goal is to help the parties understand each other's needs and wants and also allow them to consider and work on the common grounds of interests.
What Are The Roles Of Family Lawyers In Divorce Mediation?
It is a fact that we should remember that lawyers do not always work in a court of law. Family lawyers like Perth Family Lawyers are committed to helping their clients find alternative methods of resolving disputes without taking them to court, which can be time-consuming and expensive.
Here are some aspects of family lawyers during divorce:
- They help prepare the mediation process and provide independent legal advice to the spouses, which the mediators are not allowed to do.
- Having a lawyer involved during your mediation process is necessary as they can provide accurate advice regarding the distribution of parties' assets and where parenting issues are involved.
- Unlike other sessions of mediation where lawyers attend the sessions with their clients while in the case of family mediation sessions, it isn't the same.
- During mediation, the role of lawyers changes from negotiators to legal advisors. The family lawyers help the involved parties understand their legal rights and obligations.
- Family lawyers will also help you figure out issues involving the child and their protection and future. Besides, they’re also responsible in providing you with a perspective of resolving the dispute had it been presented to the court.
- They would provide an idea about the court's proceedings in resolving the dispute, the required time, and the costs involved. A lawyer would review the Separation Agreement and Memorandum of Understanding to understand the practicality and reality of the case.
- They help arrange all the documents and evidence their clients require to support their case and present their views. In addition, these mediators also help prepare and review the signed agreements between the involved parties.
Should I Hire A Lawyer Or Mediator For My Divorce?
Family mediators are most likely to assist you in preparing a parenting schedule and helping you and your partner to have a conversation from a neutral standpoint.
In family law mediation, the lawyer, on the other hand, as mentioned before, can provide legal advice during and after the mediation process. This helps you get into the mediation process fully prepared about your legal rights and responsibilities so that you can ensure that the parenting plan is fair. Also, you can have your lawyer go through your parenting plan to check if all your needs and requirements are fulfilled.
When the Memorandum of Understanding is clear and has no faults, either of the party's solicitors would draft the necessary documents required to complete the divorce, especially a Marital Settlement Agreement, Parental Allocation Judgment, and eventually a Judgment for dissolution of the marriage.
If your spouse is unhappy with the divorce or cannot accept the marriage, he will most likely avoid any negotiation in good faith. Also, if your spouse disagrees with you on the grounds of marriage, you should definitely hire a mediator instead of a mediator.
Lastly, when there are criminal charges involved and terms of bail prevent you from contacting your spouse, you should opt for a lawyer.
Now that you understand the roles of mediators and solicitors in a divorce, it should be easier for you to decide. First, analyze your current stand in the situation of divorce and your equation with your spouse. This will help you make a decision if going with a mediator would solve a problem or if you need to have a lawyer.