Why You Still Need a Family Lawyer When You are Using Mediation in Your Separation or Divorce!

Why You Still Need a Family Lawyer When You are Using Mediation in Your Separation or Divorce!

I’m sure you have heard about using mediation to help solve your family law problems.  That can certainly help many spouses getting separated or divorced.

But why do you still need a family lawyer when you are using mediation to solve our family law issues?

That’s a great question!

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

First, you have to realize that a mediator is there to help you and your spouse negotiate a settlement or separation agreement that solves your family law issues. 

Your mediator will give you a general sense about Ontario family law.  However, the mediator does not give you specific legal advice on your family law rights. 

The mediator is a neutral party in the mediation process.  The mediator does not represent you or your former spouse. 

The mediator will often give you several choices for each key issue in your family law case.  However, the mediator cannot advise you on what is the best approach for you to take.

For example, you need to know the best way to approach the issues of child custody and access, child support, spousal support, and the property issues.  You need the advice of an experienced family lawyer to help you understand what is the best approach for you to take on these very important issues in your separation or divorce.

The mediator simply cannot help you on what’s the best approach for you take on these issues since they must take a neutral stand.  In short, the mediator cannot give you individual legal advice on the family law issues in your case.

Next, your family lawyer can help you with the actual negotiations during the mediation process.   Your lawyer can prepare a specific proposal that you can bring to your negotiation session with the mediator and your former spouse. 

If your mediation is successful, the mediator will create a document that contains the agreed-upon points on the various family law issues in your case.

However, you still need to have these points of agreement put in a proper settlement agreement or separation agreement.  Your family lawyer will draft a separation agreement or settlement proposal with the agreed-upon terms. 

Even more importantly, your family lawyer will make sure your agreement protects your family law rights by making sure you understand the terms of your agreement and make any recommendations for changes.

Mediation can certainly help you with your family law issues.  However, you still need the advice of an experienced family lawyer to understand and protect your legal rights so that you have a fair and reasonable settlement agreement or separation agreement at the end of the mediation process.

Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. 

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

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