Family matters are hard. Divorce, custody, and dividing up assets tear families apart quickly.
The good news…
Family disputes can be resolved without going to court through a process called mediation. There are lots of people that help with this process and having the right support makes a difference in the outcome.
What I cover here:
- What Does a Family Law Advocate Do in Mediation?
- Why Mediation Works for Family Disputes
- The Key Benefits of Having Legal Support
- How the Mediation Process Actually Works
What Does a Family Law Advocate Do in Mediation?
The family law advocate assists clients during mediation. They will give them advice and represent them during the whole mediation process.
Here’s the thing…
Mediators will never take sides in a family dispute. They also will not give any legal advice or order the people in the process what to do.
A family law advocate is there to look after their clients throughout the mediation process. They will explain options to their clients and will help them to review offers that come up during mediation. They will also explain the legal aspects of the proposals put forward and will help their clients to negotiate during the process.
Think of a mediator as a safety net; they help facilitate the discussions. A family law advocate helps ensure nobody is being taken advantage of.
Without an advocate present, one of the two parties to a dispute might agree to an outcome that does not serve them well in the future. This is where the family law advocate would protect their client’s rights and interests.
Why Mediation Works for Family Disputes
Mediation is becoming a popular method to sort out family matters and the statistics are there to prove it.
Statistics show that family mediation achieves agreements in about 60-75% of cases. This is even more likely to happen when both parties have legal representation.
Impressive right?
Family mediation is a very good option for the following reasons.
- It keeps matters private. Court cases are public record, but mediation sessions are private. Sensitive information will not become available for the whole world to see.
- It saves money. Trials are very expensive, but mediation will cost much less than a trial and the money saved can go towards life after separation.
- It preserves relationships. This is very important when there are children involved. Parents have to learn to co-parent for many years after divorce and mediation can help them move from a state of hostility to cooperation.
- It puts families in control. A judge will control a family’s destiny if they choose the court. The parties involved will control their own lives and can craft solutions that work for everyone in a mediation.
The Key Benefits of Having Legal Support
Some people question if they really need a legal advocate in the mediation process. The process is built to be a collaborative one and people wonder if having another party involved in that will be a problem.
The reality is…
The mediation process works much better when both parties have legal support. Statistics reveal that 86% of cases settle when both parties have an attorney. This is a very high jump in comparison to the cases when one or both of the parties in dispute have no legal representation.
The presence of an advocate also has a number of advantages:
- Legal knowledge. They know family law inside out and will know what is fair and what is not under the current laws.
- Negotiation skills. Advocates have to negotiate for a living and know how to push for a better deal without bringing the process to a halt.
- Emotional buffer. Family disputes tend to get quite emotional and having someone who deals with the facts instead of the emotions can help keep the process on track.
- Document review. Any documents drawn up throughout the process will be carefully read by an advocate before their clients sign them. This will prevent future headaches.
The mediator will facilitate, but an advocate’s role is to protect. Both of these elements are necessary for a successful outcome.
How the Mediation Process Actually Works
The process itself is a great source of anxiety for many people. But if people knew how mediation actually works, their anxiety would ease.
Step 1. Initial Assessment
Before the joint session, both parties will meet with a mediator individually. This will help the mediator to get to know both parties and will give them a chance to express their concerns and to set goals for the mediation process. It will also allow the mediator to make an assessment as to the suitability of mediation for the case.
Mediation is not suitable for every case. The more high-conflict cases are not appropriate and the cases which involve domestic abuse also need to be solved by some other methods.
Step 2. Joint Sessions
The mediator will convene a joint session where both parties will get an opportunity to speak about the issues that they would like to settle. This could involve child custody, payments, and division of property, or anything else.
Both parties will be allowed to speak their mind and the mediator will facilitate the conversation in order to keep it on track and productive. The people involved will have advocates present to give them advice throughout the process.
Step 3. Negotiation
This is where the solutions are formed. Both parties will make offers and discuss different options and will need to compromise in some areas in order to move towards a common agreement.
An advocate will help a client to assess each and every proposal and will prevent a client from agreeing to something that will harm them just to make the process end.
Step 4. Agreement
Once the two parties reach an agreement and both are happy with it, a mediator will draft a summary of the agreement. Advocates will review this document before their clients sign and the summary could be used as a legally binding agreement.
This is why it is crucial to get legal review.
When Mediation Might Not Be Right
Mediation is a great option for many people, but some cases require court involvement.
Cases that would benefit from not mediating include:
- Domestic abuse history
- One party will not negotiate fairly
- Complex financial issues
- Power imbalances exist that would lead to an unfair negotiation
A good family law advocate will know when their clients should skip mediation and instead go to court and will recommend the best option for the given set of circumstances.
Making Mediation Work
Success in mediation requires preparation and the right mindset. But both of the parties will have to be prepared to compromise.
Some tips for a better outcome include the following.
- Prepare thoroughly. Organize the finances documents. Think about what you want, and about what is important and what you can compromise on.
- Focus on solutions. Mediation is the place to think about the future, not to rehash past arguments.
- Listen actively. The more you will understand the issues that the other party has, the easier it will be to find a common ground. Solutions that work for everyone are likely to be durable.
- Trust the process. Mediation can take time, and one should not expect everything to be solved in one session. Complex cases will take multiple meetings.
- Use your advocate. This is what they are there for. Ask them questions. Get advice. Take their expertise and use it to the maximum.
Bringing It All Together
The role of a family law advocate in mediation cannot be overstated. The advocate will provide the necessary legal guidance, while the mediator facilitates the productive conversation.
Mediation offers families the chance to solve their disputes without the devastating effects of court battles. It is a faster, cheaper and a better option for all of the people involved.
But going to mediation without proper legal support leaves people vulnerable. Legal advocates will level the playing field and will protect the rights of the people that have hired them.
For families going through difficult changes, mediation with proper legal support provides the best option forward. It gives the families the chance to work towards a resolution while still protecting the important aspects.
