Most separated couples can resolve their disputes without going to Court. Some need the assistance of an independent person, such as a mediator to facilitate the negotiations to settlement.
A mediator helps both parties to openly discuss their needs and interests and creates an environment to generate creative solutions. At Adelta your mediator will be a lawyer but we are there to facilitate the process impartially. We cannot provide legal advice to the individual .However we can provide an indication of possible court outcomes if you do not resolve your dispute. It is important that you get legal advice before entering into mediation.
Adelta offers family law mediation services that can be conducted at our office or at your lawyer’s premises.
A mediation has two distinct steps, the first is an intake session where each party will have an opportunity to discuss the process and any issues one on one with the mediator either in person or over the phone. This conversation lasts between 30 mins and an hour.
The second step is a mediation where both parties usually meet face to face and the mediator facilitates a conversation between them. This can with or without the parties’ lawyers present and accommodations can be made for parties that cannot be in the same room. Each mediation session usually last 2 to 3 hours. Further mediation sessions can be scheduled if needed.
If you reach an agreement in mediation, the mediator can record the terms or your agreement in a Mediated Parenting Plan or Property Agreement. This is a record of the parties’ agreement but is not legally binding.
If it is deemed inappropriate for parties to attend mediation the mediator may issue a certificate telling the court the mediation was not advised. In some circumstances of extreme violence, abuse or intimidation or when the matter is urgent the court may waive the requirement for mediation all together.
Adelta is happy to discuss whether mediation is appropriate and what method may be the best in your situation.
If you would prefer to retain an Adelta Lawyer for your legal advice rather than a mediator we would be happy to recommend other high-quality mediation providers.