Family Mediation Lawyer
Family mediation is a private process where a neutral mediator helps separating partners reach their own agreement on parenting, support, and property instead of having a judge decide. In BC it is voluntary and the mediator does not take sides, and any settlement reached can be written up as a binding separation agreement.
The period surrounding a separation is one of significant transition. Everything important to you is in flux. Major decisions need to be made so you can move forward with your life.
Conflicts and disagreements will arise during the separation process, but that doesn’t mean you and your spouse are destined for family court. Family mediation offers a valuable alternative to going to court. The mediation process can be used to effectively resolve family law issues, including property division, division of debt, spousal support, child support, and parenting time—even if you and your spouse don’t see eye to eye.
Our team of family law lawyers will help you get through your separation as painlessly as possible. If you have questions about separation, divorce, or any other family law matter, Onyx Law Group can provide answers. We will help you decide if family mediation is right for you and provide you with valuable guidance, advice, and support throughout the process. Contact us today to schedule an initial consultation and take steps toward a positive outcome.
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What Is the Role of a Mediator?
Mediators have specialized training in the mediation process and mediation theory (cornerstones include confidentiality, impartiality, and flexibility). At a mediation, the mediator assists the parties by facilitating communication and reducing conflict.
The mediator is a neutral third party who can’t give legal advice or favour one party over the other. Instead, the mediator’s role is to help the parties stay focused on the issues and explore creative, customized solutions to satisfy the parties’ needs and wants.
What Is Family Law Mediation?
Family law mediation is mediation focused on family dispute resolution. Any matter arising from cohabitation, marriage, separation, or divorce can be addressed at family mediation. That includes parenting time, support payments, division of family debt, and property division.
In the context of family law, mediators must have specialized training. British Columbia law requires that a mediator be qualified as a family dispute resolution professional to conduct a mediation in relation to a family law dispute. They must be in good standing with the Law Society of BC and meet all the training and practice requirements set for family mediators by the Law Society. The mediator is not allowed to take sides or advocate for one spouse’s legal rights over the other. Mediators are expected to be familiar with relevant laws such as BC’s Family Law Act and the federal Divorce Act, but they aren’t required to be family law experts.
How Do I Know if Mediation Is Right for Me?
Mediation is a great option for family dispute resolution. But is mediation good for everyone? Not necessarily. Family dynamics must be considered. If there is a history of family violence, abuse, fear/intimidation, or a restraining order is in place, mediation may not be recommended.
The best option is to consult with an experienced family mediation lawyer about your situation and whether mediation is advisable. Mediation may be possible, even in high-conflict family matters, especially if each party attends with their own lawyer to correct any power imbalance. The mediator assists by facilitating communication and can employ techniques such as shuttle mediation (allowing participants to negotiate without being face-to-face).
Our Family Law Lawyers Serving Vancouver
Each client deserves our undivided attention and will be made to feel valued and heard. When clients place their trust in Onyx as their advocate, they can be sure that we will represent them with vigilance, compassion and professionalism.