Mediation or collaborative? Which approach is my answer? This question often troubles a person who is about to go through divorce or separation. Honestly, there’s no right or wrong approach among this two. It purely depends on your case and your mentality. Hence, if you are confused between any of these, Jane Mukongolo, a high-rated divorce lawyer in Toronto recommends you figure out the solution according to your situation.
However, to decide one among two, you must know everything about these approaches. Most people aren’t aware of them, and hence they end up making a mess of their decisions.
If you too are confused about them, just read on this blog, and ensure that you select one of them with the utmost clarity.
What is mediation?
When both parties appoint a third party who meets them and assist them to negotiate and successfully formulate a balanced agreement, it is termed mediation.
Please note, the mediator doesn’t give any sort of legal advice to any of the parties. Also, the mediator doesn’t give any sort of judgement in any of the matters.
The mediator is solely meant to help both parties complete the negotiation and convey each other’s message and thoughts.
Primary roles of a mediator
Readout the primary roles of a mediator below.
- The first and foremost role of a mediator is to simplify the communication between two concerned parties.
- Then, the mediator sets the meeting between both parties. The mediator takes into consideration the convenient time of both parties while deciding the meeting day and time.
- The mediator then prepares a notice or say an agreement in which the terms and conditions of the meeting are incorporated. Both parties are required to give consent to these terms & conditions by signing this agreement.
- Next, the mediator reviews the meeting. Again, the mediator by no means gives any sort of judgement or legal advice during this meeting. However, he/she can give advice whenever asked.
Lastly, the mediator tries to present solutions to the concerns of both parties, if required.
Requirements of being a mediator
Finally, what is required to be a mediator? Check out the answers below.
- To be a mediator a person needs to be patient enough to listen to the concerns of both parties. Listening carefully is a tough thing, and a mediator needs to possess this trait.
- Next, the mediator has to be unbiased towards any of the concerned parties. If a party feels that mediator is biased, he/she can get the substitute for the mediator.
- Also, the mediator must keep every point discussed in the meeting confidential. Concerned parties possess the rights to take legal actions against the mediator if they come to know that confidential & personal information is being leaked by the mediator.
What is collaborative practice?
Collaborative practice implies both parties and a lawyer are involved in the negotiation process. With collaborative practise, each party involved works on the goal of achieving a positive settlement and ensuring a smooth overall workflow.
The lawyer involved in the collaborative practice ensures that the settlement made between both parties is balanced and right for both.
Primary differences between mediation and collaborative practice
Checkout the primary differences between mediation and collaborative practice below.
- Mediators are neutral, while collaborative practice lawyers are your advocate. However, the collaborative practice takes into consideration the viewpoint of another concerned party too.
Ultimately, with both, the final agreement prepared must be fair and acceptable by both parties.
- Next, the mediator by no means can advise you legally. However, the collaborative practice lawyer can give you legal and financial advice and hence, the chances of you taking the right decisions increase.
- With mediation, if you decide to move to a family court at any stage of the process, you can still keep the same lawyer. While, with collaborative practice, if you decide to move to a family court, the agreement with that lawyer ends and he/she won’t be a part of your case anymore.
Both, mediator and collaborative practise lawyers are meant to make things easy for the parties involved in the divorce or separation process. As mentioned, to decide any one of them, you must have clarity on every insight of these terms.
This blog is meant you give crucial clarity on the same and ensure that you select the best and the option that exactly matches your requirements.
Rest, if you are looking for any sort of legal assistance, and looking for a reliable family lawyer in Toronto, our team can be your answer. Reach out to us, explain to us your case, and let us guide you with the best. To get assistance from any of our team members and ensure that you get legal guidance from the most reliable source in Toronto, call us at (647) 660-9832.