Family conflict is stressful and challenging to navigate because of the intense emotions for everyone involved. Additionally, it can be difficult to resolve an issue on your own, especially when you are going through a divorce, the end of a cohabitation relationship, a custody dispute, or other family law issues, due to these heightened emotions.
In these circumstances, as a skilled family lawyer could explain, mediation can be helpful. A trained mediator can help you and the other party see each other’s perspectives and find a way to reach common ground. When you try mediation to resolve a family conflict, turn to an Oakville mediation lawyer from The Riley Divorce & Family Law Firm for help.
Mediators are neutral third parties trained to facilitate productive discussions between disputing parties to reach an agreement. In the family law context, mediators are often lawyers but could also be social workers, counselors, or other family services professionals.
When you hire an Oakville lawyer to conduct a mediation, they do not act as the advocate for either side. They also cannot offer legal advice. However, their legal background means they have a working knowledge of what constitutes as legally acceptable, which can ease the process.
Both parties engaging in the mediation should be represented by lawyers who act as their advocates. The parties’ legal representatives could advise their clients about matters to bring up during mediation, desirable outcomes, and the implications of any proposed agreement. Your lawyer is responsible for reviewing any agreement you reach and ensuring it meets your goals and adheres to legal requirements.
The preamble to the Ontario Family Law Act s.3 governs mediation in family law disputes. Parties trying mediation to resolve their family law issues must first decide on a mediator. The parties are typically jointly responsible for paying the mediator’s fees.
Once the parties have selected an Oakville lawyer as their mediator, they may have a phone conference with each party or ask them to complete intake forms. This information helps the mediator decide whether to accept the engagement, book the appropriate amount of time, and focus the discussions once the mediation begins.
The parties must also decide whether mediation will be open or closed. The default is for a mediation to be closed, meaning that the mediator can present any agreement the parties reached but cannot disclose information or statements revealed in the mediation sessions. In an open mediation, the parties waive their confidentiality rights. Open mediations are rare.
The parties usually meet with the mediator. The mediator ensures that both parties have the opportunity to be heard on matters important to them and that neither party dominates the other. Mediators are trained to find areas of commonality between disputants and help the parties build consensus from that common ground.
Depending on the issues involved, a mediation session could last several hours, an entire day, or require multiple sessions. Family mediation can be emotionally taxing, even overwhelming, and sometimes, the process is most productive when multiple shorter sessions are spaced a few weeks apart.
A successful mediation ultimately results in a written agreement on the disputed issues, which can be submitted to the court after each party’s lawyer has had an opportunity to review it. Mediations sometimes do not produce an agreement, and either party can withdraw from the mediation process at any time.
Mediation can resolve seemingly intractable conflicts, but it is not a miracle. Both parties must be invested in reaching an agreement for mediation to produce beneficial results. Mediation is ineffective when one party is primarily interested in “winning” or dragging out the process to inflict pain on the other.
Couples with a history of domestic violence are usually not candidates for mediation. Both parties must feel safe to engage in the process candidly, and mediation is not appropriate when one party is or feels unsafe. Lawyers acting as mediators in Oakville are skilled at equalizing power imbalances, but any threat of physical or emotional abuse is typically disqualifying.
Mediation is a cost-effective, confidential, and dignified way to resolve family law issues. The process usually results in an agreement, and the parties often learn more effective ways of communicating by participating in mediation.
The Oakville mediation lawyers at The Riley Divorce & Family Law Firm are skilled neutrals who can competently and efficiently manage your mediation. Reach out today to get started and to schedule a consultation at your convenience. We are available 24/7.
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