What is the role of a lawyer in family law mediations?

On behalf of Peterson Stark Scott posted in Divorce Mediation on October 15, 2015.

When it comes to dealing with family law matters in British Columbia, there are several routes that may be taken. One of those options is mediation. In this process a third party helps the parties involved reach an agreement regarding the matter at issue. He or she does not actual make any decisions regarding a settlement.

This approach is appealing for some because it is usually less expensive and takes less time than litigation. While readers may have heard about this approach, if they have not actually been through it, they may have questions. One of those questions could be about the role lawyers play in this method.

While it is not required that people who use mediation work with a lawyer, it is not a bad idea. In many instances parties seeking to mediate could benefit from having a lawyer on their side. For example, this may make sense if financial stakes are high or the other party to the mediation has more knowledge about the area of the law. Similarly, lawyers could be beneficial if the other party has a lawyer or a lawsuit has commenced. Legal advice provided by a lawyer could be key when it comes to securing a good settlement.

There is another way in which a lawyer might play a role in the mediation process. It is possible that a lawyer could be selected as the mediator. While it is not necessary for a mediator to be a lawyer, having a neutral third party who has a legal training in his or her background, could be beneficial. Of course in this situation it is not possible for the lawyer who acts as mediator, to represent either party.

To learn more about mediation, and whether it could work for you, a lawyer who practices family law is a good place to start.

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