Burlington Family Mediation Lawyers

Local Divorce Mediation Assistance for Burlington Families

Mediation is a non-adversarial private process used by two parties to achieve an amicable settlement of their family law dispute in a manner that satisfies each party that their particular objectives have been sufficiently accomplished and their rights have been sufficiently protected.

Unlike litigation, where the parties publicly argue their dispute in court before a judge who will determine the ultimate outcome, mediation requires the parties to communicate and persuade each other of the merits and fairness of their respective positions and desired settlement of their divorce or family law matter.

Ultimately, mediation is another forum for parties to continue negotiating their dispute.  However, unlike other methods of negotiation, mediation offers the benefit of a neutral setting, the additional resources and support of the mediator, and the opportunity to more actively participate in the process.

The Role of a Burlington Family Mediator

A mediator is a neutral third party who helps people in a family law dispute reach a settlement they can both live with, on some or all of the issues between them. The mediator’s job is to keep the conversation productive and civil, surface options the parties haven’t considered on their own, and push both sides toward compromise. What the mediator manages is the process and the room, not the people in it or the underlying dispute.

A mediator is not a judge and not an advocate for either party. Every person who sits down at mediation needs to understand that going in: the mediator won’t decide the outcome, won’t give legal advice, and won’t take a side.

What is the role of a family and divorce lawyer?

A family and divorce lawyer’s job is to protect their client’s interests, whatever room that happens in. In mediation, that means something different than it does in court: the lawyer explains how the process works, prepares the client for it, and makes sure the client understands both their own rights and responsibilities and their former spouse’s.

Before mediation starts, the lawyer does the groundwork that makes it worth doing. Since most clients have never sat through a mediation and don’t know any mediators personally, lawyers on both sides typically help choose who runs it. The lawyer also confirms that all the financial disclosure has been requested and received, so the client is deciding with full information rather than guesswork. Each side’s lawyer then drafts a mediation brief, a short document submitted to the mediator and the other party that lays out the disputed issues and the relevant facts in a plain, fact-based way.

What the lawyer does not do is run the mediation for the client or argue their case inside the room. That kind of advocacy belongs in a four-way negotiation meeting or in front of a judge. In mediation, the lawyer is there to prepare the client well beforehand and support them while they work things out directly with their former spouse, including a divorce lawyer on hand for the legal questions that come up along the way.

The Role of the Client During Family Mediation

In a mediation, the clients advocate on their own behalf and endeavour to find common ground with their former spouse.  As a result, the parties to a family law dispute must be active and engaged participants if mediation is to succeed.  Mediation is ultimately directed by the parties and requires them to understand, appreciate, and respect the mediation process.  If either or both parties are not committed to resolving their dispute in a non-confrontational manner, mediation will not be productive and, in fact, will be a costly and likely futile exercise.

The mediator and the parties’ lawyers provide guidance, support, and advice, but the parties play a critical role in any mediation and both parties must be committed to compromise, to listen to and consider their former spouse’s thoughts, concerns, and desires, and to communicate with their former spouse in an open and respectful manner in order to achieve a successful outcome.

What are the Benefits of Family Mediation Over Litigation?

If both parties are genuinely open to mediation, the process offers many benefits when compared to litigation:

• It is cost-effective—litigation is virtually guaranteed to cost several times more in legal fees.
• It is private and informal—litigation is a public endeavour and it typically involves many court appearances, significant paperwork, and rigid deadlines.
• It is less stressful—litigation is adversarial, while mediation is designed to encourage cooperation and understanding.
• It is faster—litigation invariably takes many, many months, if not years to complete, while mediation can take a few weeks to a couple of months before a settlement is reached.
• You have greater control over the separation and/or divorce process—mediation is simply another form of negotiation, so you have much greater control over the process, whereas in litigation, a judge will likely decide the final outcome of your case.

Contact Our Experienced Burlington Family Mediation Lawyers

Amiri Family Law has represented many individuals involved in separation, divorce, and other family disputes in Mississauga, Oakville, Burlington, Milton, and the Greater Toronto Area.

We seek amicable, cost-effective agreements wherever possible and are ready and able to assist clients with family and divorce mediation. However, if a mediated settlement is not possible, we are also skilled divorce litigators.

Call or email us to schedule a consultation with a local family and divorce lawyer in Burlington.  Our local offices also service Mississauga, Oakville, and Milton. If you choose to hire us, we will guide you through the mediation process with the advice, support, and guidance you need to reach a settlement that works for you and your family.