Edmonton Family Law Mediation Law Firm
You left the relationship because you were tired of fighting… But apart, you’re fighting harder, and now it’s costing more money.
“If we got along well enough to mediate, we wouldn’t need expensive lawyers.” Although it can feel logical to believe that a process thought of as ‘touchy feely’ could resolve a heated, angry, extremely conflictual issue between two parties who have often already spent tens or hundreds of thousands of dollars on litigation, it is a process that is in fact honed in common sense.
Most people do not enjoy the feeling of having to defend themselves repeatedly, of that feeling before a court date that life could look entirely different on the other side, of having no idea when the legal bills will end and no idea when the litigation will ever end. There can be an almost Pavlovian full-body cringe when an opposing lawyer or party’s name suddenly appears in an email inbox.
Mediation’s central focus is on changing the context and experience within which the conflict is addressed and resolved; it is the process that is different from the World’s Worst Divorces, not the problems themselves nor the anger levels of the people involved.
Bobbi has been attending court to advocate for her clients since 1998. She began mediating at a provincial courthouse in Toronto in 2000, and has conducted and participated in, as counsel, thousands of mediations, negotiations, and arbitrations throughout her career. She was accepted into an opportunity to negotiate, mediate and negotiauction with an elite group of business and legal negotiators in Boston at Harvard Law School’s Program on Negotiation Master Class.
She has worked in child protection law, family law, civil, commercial, employment, and franchise litigation, and regardless of the type of dispute being litigated, she has only rarely seen any person unhappy to see an end to the chaos and cost in their lives. In family law, for many couples, the amount they ultimately spend in legal fees could have funded their children’s entire educations, paid their mortgages, and given them a path to the future; instead, they leave the court process exhausted, in deteriorating health, with their lives not looking that different than when they went in.
We provide the opportunity to have an entirely different experience. Whether you are coming together to see her right out of the gate, coming with your counsel on the eve of a lengthy trial, or anything in between, we will help you keep things understandable, organized, and calm, and guide you toward a mutually acceptable solution that lets you each move forward with your lives, without the financial and health problems inherent in a completely avoidable fight. Between her legal experience, her warm and humourous approach, and her refusal to tolerate nonsense, she can help you put this behind you.
We aren’t naïve; we litigate high conflict matters as well. We just know how they turn out, so rather than waste your time and money going through the process, take advantage of the opportunity of working with someone who, as she likes to joke, ‘has been doing this since the late 1900s’, who knows how it would turn out, and can help you find something you can each or all live with. It doesn’t have to be ugly, and it doesn’t have to be prohibitively expensive.
What Is Family Law Mediation?
Family law mediation represents a dynamic and structured process in which a neutral third party, known as a mediator, assists disputing parties in resolving their conflicts. This is achieved using specialized communication and negotiation techniques designed to facilitate understanding and agreement. Specifically, in the realm of family law, mediation is focused on addressing and resolving disputes that emerge from personal relationships. These disputes can range from issues of divorce, child custody, and the division of assets, to matters involving spousal support.
Unlike the traditional litigation process, which is often adversarial, time-consuming, and notably expensive, mediation presents a more confidential, amiable, and generally faster alternative for reaching a settlement. One of the key advantages of mediation is its ability to offer a confidential setting.
This confidentiality encourages openness and honesty among parties, facilitating a more effective dialogue. Moreover, the amiable nature of mediation, compared to the often-contentious atmosphere of courtrooms, provides a space where emotions can be managed more constructively, contributing to solutions that are agreeable to all involved.
Furthermore, mediation is often a quicker path to agreement than the court process, saving participants not only considerable amounts of time but also significant financial resources. This approach to conflict resolution not only preserves financial assets but also protects personal relationships from the strain of legal battles, reducing the emotional toll on everyone involved, especially children.
By fostering an environment where participants are empowered to make their own decisions about their future, mediation encourages a sense of cooperation and mutual respect. This supportive atmosphere is essential for creating lasting agreements that reflect the needs and interests of all parties.
Family law mediation offers a more personalized, respectful, and efficient way to resolve disputes arising from personal relationships. By prioritizing communication, mutual understanding, and cooperation, mediation empowers individuals to reach agreements that are in their best interest and the best interest of their families, paving the way for healthier post-dispute relationships.
What Qualifications Should I Look For In An Edmonton Family Law Mediator?
Selecting a family law mediator is a critical step in the mediation process, one that can significantly influence the outcome of your dispute. Ideally, a mediator should possess a solid foundation in the principles of family law, complemented by a thorough understanding of mediation techniques and conflict resolution strategies. It is imperative to seek out a mediator who is not only legally qualified but also exhibits a deep sense of empathy and is proficient in managing emotionally charged situations.
- Professional Background and Accreditation: First and foremost, verify the mediator's professional qualifications. This includes a legal background with a specialization in family law, as well as additional training in mediation and conflict resolution. Accreditation from recognized institutions or mediation boards can serve as evidence of their commitment and expertise in the field.
- Experience: An experienced mediator brings a wealth of knowledge from handling a wide array of family law cases. This experience is invaluable in navigating complex disputes and guiding parties towards a mutually agreeable resolution. Inquire about the number of cases they've mediated and their success rate in facilitating settlements.
- Communication Skills: Exceptional communication skills are fundamental for a family law mediator. They must be capable of listening attentively, expressing ideas clearly, and effectively translating between parties to ensure all voices are heard and understood.
- Empathy and Sensitivity: Family law disputes are inherently personal and can be emotionally draining. A mediator who demonstrates empathy and sensitivity is better equipped to create a supportive environment where parties feel comfortable sharing their concerns and working toward a solution.
- Neutrality: The mediator's ability to remain neutral and unbiased is crucial. Their role is to facilitate discussion and negotiation without taking sides or allowing personal opinions to influence the process.
- References: Finally, ask for references or testimonials from past clients. Feedback from those who have worked with the mediator can provide valuable insight into their approach, effectiveness, and the overall experience of working with them.
Choosing the right family law mediator is essential for a productive and successful mediation process. By focusing on these qualifications, you can select a mediator who is well-equipped to handle the intricacies of your dispute and lead you toward a positive resolution.
Family Law Mediation Frequently Asked Questions
How Does Mediation Differ From Litigation?
Mediation and litigation are fundamentally different approaches to resolving disputes, each with its own distinct processes and outcomes. Litigation involves a formal process where the dispute is brought before a court, and a judge or jury makes a final decision on the outcome.
This process is public, can be lengthy, and often involves a more confrontational approach where each party presents arguments and evidence against each other. The decision, handed down by the court, is legally binding and may result in a winner and a loser, leaving little room for personalized solutions or preserving relationships between the parties.
In contrast, mediation is a confidential, flexible, and voluntary process. It is designed to encourage open communication and negotiation directly between the parties, with the mediator facilitating the discussion to help them reach a mutually acceptable agreement. Unlike litigation, where the control is handed over to the court, mediation empowers the parties to control the outcome.
This often results in solutions that are specifically tailored to the needs and interests of both sides. Additionally, because mediation is generally less adversarial and more collaborative, it can preserve personal or business relationships that might otherwise be damaged by the rigors of courtroom battles.
Furthermore, mediation can be significantly less costly than litigation, both in terms of financial expense and emotional stress. It often leads to faster resolutions, allowing parties to move forward without the prolonged uncertainty and contention that can accompany traditional legal proceedings. This approach not only saves time and resources but also reduces the emotional toll on the parties involved, which is particularly important in family law disputes where the welfare of children may be at stake.
Ultimately, the choice between mediation and litigation depends on the nature of the dispute, the relationship between the parties, and their willingness to work together towards a resolution. While mediation offers many advantages, including privacy, control, and cost savings, it requires both parties to be open to negotiation. Litigation, on the other hand, is more suited for disputes where a resolution cannot be reached through negotiation or when the parties require a formal judgment to enforce their rights.
Is Mediation Mandatory In Edmonton Alberta Family Law Cases?
In Alberta, the approach to resolving family law disputes strongly encourages mediation as a primary step before proceeding to court. Mandatory Early Intervention Case Conferences, a form of mediation, are required in certain family law cases as per the Alberta Rules of Court. This emphasizes the province's recognition of the value of mediation in fostering constructive dialogue and potentially resolving disputes without the need for formal litigation.
During these conferences, parties are given the opportunity to discuss their issues, with the aim of reaching an agreement or identifying the disputed issues that require a judge's decision. It's a process that not only saves time and legal expenses but also reduces the emotional strain on families.
However, while mediation is highly encouraged and, in some cases, required, there are exceptions. For instance, in situations involving domestic violence or power imbalances that could compromise the fairness of the negotiation process, the court may determine that mediation is not appropriate. In such cases, direct court intervention becomes necessary to ensure the safety and rights of all parties involved.
By integrating mediation into the legal process, Alberta's family law system seeks to provide a more humane, efficient, and flexible approach to dispute resolution, one that acknowledges the complex and sensitive nature of family relations.
Who Typically Participates In Family Law Mediation?
Family law mediation typically involves the participation of both parties involved in the dispute, along with their legal representatives, if they choose to have them. The mediator, a neutral third party trained in dispute resolution and family law, facilitates the discussions but does not make decisions for the parties. Instead, the mediator helps the parties explore their options and work towards a mutually acceptable agreement.
In addition to the disputing parties and their legal counsel, other professionals may also be involved in the mediation process as needed. For example, financial advisors or accountants can provide insights on financial matters, while child psychologists or family counselors might offer perspectives on issues affecting the well-being of children. The inclusion of these professionals can help address the multifaceted aspects of family disputes, ensuring that all relevant information is considered in the negotiation process.
The aim of involving various participants is to foster a collaborative environment where informed and holistic decisions can be made. By encouraging open communication and providing a structured yet flexible framework for discussion, mediation creates an opportunity for parties to resolve their disputes in a manner that respects the interests and needs of all involved.
This personalized approach is one of the defining strengths of family law mediation, offering a pathway to resolutions that are often more satisfactory and sustainable than those achieved through adversarial legal proceedings.
What Are The Benefits Of Family Law Mediation In Edmonton?
Family law mediation brings about numerous benefits that significantly impact the emotional and financial well-being of the parties involved. Firstly, it greatly enhances privacy since the discussions and outcomes are not made public, in contrast to court proceedings, which are part of the public record. This aspect is particularly advantageous in sensitive family matters where confidentiality is paramount.
Additionally, mediation often results in more amicable resolutions, preserving the relationships between the parties, which is critically important when children are involved. The cooperative nature of mediation encourages parties to work together to resolve their issues, fostering a positive co-parenting relationship post-settlement. This is invaluable for the long-term emotional health and stability of children.
Financially, mediation is typically more cost-effective than litigation. By avoiding the lengthy court processes and associated legal fees, parties can allocate their resources more efficiently, focusing on the future rather than depleting assets in adversarial battles. The process is also generally quicker, meaning parties can reach resolutions and move forward with their lives in a shorter timeframe, reducing prolonged stress and uncertainty.
Mediation also offers a more personalized and flexible approach to dispute resolution. Parties can craft agreements that are tailored to their specific needs and circumstances, rather than having a solution imposed upon them by a court. This flexibility can lead to more practical and satisfactory outcomes for both parties.
In conclusion, family law mediation emphasizes a human-centered approach to dispute resolution. It acknowledges the complexities and nuances of family dynamics, striving to achieve outcomes that are in the best interests of all parties involved, especially children. By prioritizing cooperation, confidentiality, and flexibility, mediation serves as a powerful tool for families navigating the challenges of legal disputes.
What Happens During A Family Law Mediation Session?
During a family law mediation session, the process begins with the mediator explaining the rules and objectives, ensuring all parties understand the framework and the principles of confidentiality that govern the proceedings. Each party then can share their perspective and outline their concerns without interruption, fostering an environment where all voices are heard.
The mediator facilitates the discussion, guiding the parties through the issues at hand and encouraging constructive dialogue. This involves exploring underlying interests, negotiating potential compromises, and brainstorming solutions together. The mediator's role is crucial in maintaining focus and ensuring the discussion remains productive and respectful, even when emotions run high.
Throughout the session, the mediator may also conduct private meetings with each party (caucuses) to further explore options or to discuss sensitive issues that may not be suitable for joint discussion. These private sessions are designed to build trust, clarify positions, and assess the willingness of each party to compromise.
The goal of the mediation session is to reach an agreement that is acceptable to all parties involved. If an agreement is reached, the mediator will typically draft a summary or memorandum of understanding that outlines the terms. This document, once reviewed and agreed upon by both parties and their legal representatives, can then be submitted to the court for approval and made into a formal court order.
However, it’s important to note that mediation does not always result in agreement. In cases where parties are unable to reconcile their differences, the mediator will declare an impasse, and the parties may then proceed to litigation. Even in such situations, the mediation process can still be valuable, having clarified the issues and positions of each party, which can lead to a more focused and efficient litigation process.
In essence, a family law mediation session is a structured yet flexible forum for dialogue, aimed at achieving mutually satisfactory solutions while minimizing the emotional and financial toll of family disputes.
What If We Cannot Reach An Agreement Through Mediation?
If parties cannot reach an agreement through mediation, several pathways remain open to resolve the dispute. The natural next step may involve pursuing traditional litigation, where the case is taken to court and a judge makes the final decisions based on the evidence and legal arguments presented. Litigation provides a structured venue for dispute resolution but often at a higher financial and emotional cost.
Alternatively, parties might consider engaging in a different form of alternative dispute resolution, such as arbitration. In arbitration, an arbitrator (or a panel of arbitrators) listens to both sides before making a decision that can be binding or non-binding, depending on the agreement between the parties beforehand.
Another option could involve a second attempt at mediation with a different mediator. Sometimes, a fresh perspective can help parties find common ground where previous attempts have failed.
It’s also worth noting that some jurisdictions offer collaborative law as a method for resolving disputes outside of court. In collaborative law, both parties retain separate lawyers whose job is to help them settle the dispute. No one goes to court; instead, all negotiations are done in a series of four-way meetings that involve both the clients and their lawyers.
These alternatives underscore the importance of seeking a resolution that minimizes adverse impacts on all involved, particularly in family law disputes, where the welfare of children may be at stake. While reaching an agreement through mediation is often the least contentious and most harmonious approach, the existence of alternative methods ensures that there are still paths to resolution, even when mediation does not result in an agreement.
Can Agreements Reached In Mediation Be Legally Binding?
Agreements reached in family law mediation can indeed be made legally binding, transforming informal decisions into enforceable orders. Upon reaching a consensus in mediation, the mediator or the parties' lawyers can draft a settlement agreement, which encompasses all the terms agreed upon during the mediation process. This document requires the signatures of all parties involved, signifying their consent to the terms.
Subsequently, to confer legal binding status on this agreement, it must be submitted to a court for review. A judge will examine the agreement to ensure it complies with the relevant laws and that it seems fair and reasonable to all parties, especially concerning any agreements involving children. Assuming the court approves, it will issue a court order that formalizes the agreement, making it legally binding.
Having a legally binding agreement offers significant advantages. It provides both parties with a clear framework for their rights and obligations post-mediation, reducing the potential for future conflicts. Furthermore, should any party fail to comply with the terms of the agreement, the other party has the option to request enforcement by the court.
It is crucial, however, for parties to fully understand the terms of the agreement before signing. It's advisable to seek independent legal advice, ensuring that each party understands the implications of the agreement and how it affects their legal rights. This precautionary step is essential in safeguarding the interests of all individuals involved, marking the culmination of a mediation process with a stable and equitable resolution.
Is Family Law Mediation Confidential?
Family law mediation is inherently designed to be a confidential process. This confidentiality is critical because it encourages open and honest communication between parties, allowing them to discuss sensitive issues without fear of reprisal or future legal repercussions.
All discussions, proposals, and concessions made during the mediation cannot be used as evidence in court, should the case proceed to litigation. This rule is crucial for fostering a safe and constructive environment where parties can explore settlement options freely.
The mediator, as a neutral third party, is also bound by confidentiality and cannot disclose any information shared during the mediation process, except in circumstances where disclosure is required by law, such as in cases of child abuse or threats of harm to an individual. The mediator's role is to facilitate dialogue and help the parties reach an agreement, not to serve as a witness or provide evidence in court.
Furthermore, any documentation prepared specifically for the mediation session, including notes taken by the mediator or parties, is usually considered confidential and protected from being disclosed in any subsequent legal proceedings. This protection further underscores the private and protected nature of the mediation process, making it an appealing option for individuals seeking to resolve their disputes out of the public eye and away from the adversarial setting of a courtroom.
By maintaining the confidentiality of the mediation process, the legal system acknowledges the value of privacy and discretion in resolving sensitive family law matters. This approach not only supports the well-being of the involved parties but also preserves the integrity of the family unit by minimizing the public exposure of personal and family issues.
