Family Mediation Lawyer in Mississauga
Our family mediation lawyer in Mississauga can assist you with your legal issues.
What is a Family Mediation?
Mediation is common practice among couples who want to divorce amicably and move on with their lives after separation. A third party works with the spouses to help them reach a settlement out of court. Unlike in litigation, whereby a Toronto divorce lawyer represents each spouse, a mediator doesn’t represent any of the spouses. Instead, a mediator works with both spouses to help them reach an agreement. A mediator helps the couple consider all the available options while considering the best interests of each party, making it possible to resolve issues that would otherwise require court intervention.
Mediators do not make the final decision regarding divorce, and neither do they provide legal advice. However, they help couples explore the needs that are unique to their family to help them come up with viable solutions. Mediators can help spouses address all family law issues, including the following:
- Child support and custody issues
- The division of property after divorce
- Child custody
- Marriage contracts and cohabitation agreements
- Implementation of prenuptial agreements
Mediation allows couples to handle divorce issues amicably and on their own terms. It gives a couple the opportunity to find solutions that are unique to their situation. What a couple agrees on during mediation could be converted into a legally-binding agreement signed by both parties. No matter how complicated a divorce case is, mediation can be an effective dispute resolution method. If you are considering mediation, our experienced Mississauga family mediation lawyers can help.
What Are the Benefits of Family Mediation?
Compared to litigation, family mediation has numerous benefits. In addition to being an amicable and calmer way of resolving family disputes, mediation is also more cost-effective and less time-consuming. The main benefit of mediation is that couples have the opportunity to make decisions suitable for their family instead of having the court decide on their behalf. Mediation also reduces acrimony, which is beneficial, especially if children are involved; it reduces the trauma for the children and takes the pressure off the couple.
Children are often highly affected by the conflicts between their parents. A nasty divorce could affect the children for a long time. Mediation makes the divorce process as peaceful as possible, enabling everyone involved to focus on moving on. Resolving your family issues through mediation is beneficial for everyone involved, including the children. This explains why many couples in Mississauga choose mediation over litigation.
The Role of Mississauga Family Mediation Lawyers
What should you expect upon hiring a family mediation lawyer?
- A lawyer works for you and has your best interests at heart. Therefore, your family mediation lawyer will prioritize your needs and find the best way to fulfill them.
- A mediation lawyer helps you determine whether you are a good candidate for mediation. A lawyer does this by screening your spouse to decide whether or not they are coercive or violent. Your lawyer will also determine the necessary adaptations to the mediation process.
- A mediation lawyer has handled many divorces in the past and will help you identify all the issues that should be resolved during the divorce, including the unforeseen issues that could arise.
- If you have any fears, concerns, or questions regarding the divorce, your mediation lawyer will help you to address them.
- A divorce has many personal and financial implications. A family mediation lawyer helps you to identify these implications and helps you to navigate around them.
- A lawyer helps you to maintain open communication with your ex-spouse, making it easy to resolve divorce issues. The goal of a family mediation lawyer is to resolve the divorce out of court, leaving both spouses satisfied with the settlement.
What Your Mississauga Family Mediation Lawyers Can’t Do
Your family mediation lawyer will do everything possible to resolve your divorce out of court. However, there are certain things that your lawyer can’t do:
- A family mediation lawyer cannot make your spouse cooperate or comply with what you want. Your spouse is entitled to his or her own opinion and preference. Therefore, if your spouse is unwilling to negotiate, mediation is not likely to work. Your divorce case may just have to proceed to court.
- A family mediation lawyer will not make decisions on your behalf. A lawyer will only advise or guide you. However, you must make the ultimate decision regarding your divorce.
Types of Family Mediation
Every divorce case is unique. Therefore, the mediation method suitable for one divorce case may not be applicable to another. An experienced mediator can help you choose the mediation method that suits your case. Below are the two types of family mediation:
A virtual mediation is normally conducted on online video conferencing platforms like Zoom, making mediation more accessible, especially if the parties involved are in different locations. It is not always possible to take some time off work or to travel to attend a mediation session in person. Perhaps being close to your spouse makes you feel agitated. Conducting mediation online helps spouses to focus on the negotiations without being distracted by their ex’s presence. Given that most divorce negotiations are heated and crowded by emotions, virtual mediation is more effective.
It can be challenging to bring together both spouses, respective lawyers, and the mediator, which could drag the mediation process. Virtual mediation cuts out travel times and other issues like parking. The parties involved can attend the virtual mediation from the comfort of their home or office. Therefore, virtual mediation is convenient and saves time, allowing you to settle the divorce faster. Since virtual mediation sessions are concluded faster, it also helps to save on costs. If you need guidance on virtual mediation, you can contact an experienced family law mediator Mississauga.
With shuttle mediation, the two spouses don’t have to be in the same space/venue. Instead, the mediator shuttles back and forth between the spouses. Shuttle mediation can be virtual or real-time. The parties will not be in the same virtual or physical space. This mediation will be ideal if you prefer avoiding being in the same room with your ex-spouse. Both spouses and their respective lawyers negotiate through a common mediator until they reach a settlement. Below are the common benefits of shuttle mediation:
- You don’t have to meet in person with your ex-spouse because the mediator will shuttle back and forth between the two of you. This way, you will be able to focus on the negotiations instead of the emotions that surround divorce.
- Shuttle divorce will be excellent if you don’t feel comfortable expressing yourself in front of your spouse. Perhaps your spouse even makes you feel intimidated, making you shut down. You won’t have to worry about this in a shuttle mediation.
- When discussing contentious issues like child support, child custody, and alimony, your emotions could get out of hand. A mediator keeps the tone neutral throughout the negotiation.
Our Family Mediation Lawyers Can Help
In the face of a divorce, you must resolve several family law issues like child support, alimony, and child custody. Mediation offers an effective and affordable way of resolving these issues. Choosing mediation over litigation helps you save on time, the emotional turmoil of battling it out in court, and the legal expenses while protecting your legal rights throughout the process. Our caring Mississauga family mediation lawyers can make your divorce process much easier. Our lawyers will help you reach an agreement that is not only suitable for you but also for your children. We invite you to contact us today to learn more about our services, including how we could be of help to you.
Frequently Asked Questions
Below are the commonly asked questions on Family Law
No, even if you and your soon-to-be ex-spouse have come to an agreement on the conditions of your divorce, a lawyer cannot meet with both of you and give you legal counsel. To help you resolve all issues arising from your separation, a neutral third party (a family law mediator) can meet with both of you if you choose to participate in mediation. The family law mediator will discuss your legal rights and options (but not offer legal advice). It is also encouraged that each party seeks “independent legal advice” and has their own family law lawyer analyze the details of any agreement. Your lawyer owes you a duty to provide legal options and advice that are in your best interests and to assist you in making the right decisions in privacy, without the interference of any other parties.
Yes. Family mediation is a legal alternative dispute resolution method that helps parties in resolving disagreements regarding a child or spousal support, access to the family home, and property division, among other family law matters. These talks are conducted in private by an impartial third-party mediator, who also drafts a formal agreement that includes all decisions that are reached throughout the discussions and negotiations. Both parties are required by law to abide by the Separation Agreement once it has been signed by both.
In general, mediation is a significantly quicker approach to dispute settlement than going to court. The duration of the mediation will depend on how long it takes to resolve all of the contested issues. There is no set duration; rather, the time required solely depends on the issues to be addressed and the parties’ willingness to discuss, negotiate and reach an agreement. Mediation is typically finished in a matter of months, as opposed to the year or two that a standard court proceeding can last. The goal of informal, highly personalized mediation is to find mutually agreeable resolutions to the issues that are in dispute. The mediator involved, the sessions required, and any legal counsel sought by either party will determine the mediation cost.
Usually a Separation Agreement is typically enforceable in court if both spouses and witnesses signed the contract in compliance with certain criteria, like full and frank disclosure. The agreement may, however, be deemed void by the court if there is proof of non-disclosure, coercion, or fraud at the time it was drafted and signed. As a result, the Separation Agreement would be void and no longer enforceable against either party.
A marriage contract is a commitment a couple signs while they are getting married that outlines what would happen to their property and debts in the event of a divorce. Additionally, they might discuss whether and how much spousal support (commonly known as alimony) will be paid from one party to the other.
Each province has its own definition of a “common law relationship.” According to the Ontario Family Law Act, you might be regarded as common law if:
- You had a child with someone else, even if you lived together for less than three years.
- You were in a marriage-like relationship with another person for a continuous duration of three years.
People in a “marriage-like relationship” is very fact-specific and is not just based on cohabitation.
Regardless of whether you were in a common law union, married, or even if you never shared a home together, you are required by law to pay child support for your children.
You may be eligible for spousal support when a common-law marriage ends, but you must first apply for it. The following are some of the considerations a court will make:
The duration of cohabitation, the roles each spouse played throughout cohabitation, and any orders, agreements, or arrangements pertaining to support.
The court may consider factors such as whether you or your partner were financially dependent on one another, any career sacrifices you both made while you were still together, and your current standard of living.
No, not always; while common law & married spouses could share similar legal rights in terms of spousal support, child support, and parenting time, the rules for property division may be very different. Aspects of property division, such as dividing the family property or determining who could stay or sell the marital home, will depend on your marital status.
It is a written and signed contract between a couple who are about to marry that outlines their legal rights and obligations if their relationship ends.
Yes, prenuptial agreements are legally recognized in all provinces of Canada as long as they comply with all legal requirements, such as financial disclosure, being in writing, and being witnessed.
Yes. Prenuptial agreements are not just for the wealthy. Other significant aspects that can be addressed in a Prenuptial Agreement include who will be liable for the debts, how pensions will be divided, what you would like to happen to your property if you die, the entitlement and limits of support, and how living costs will be met during the marriage.
Keep in mind that you may not have many assets or property when you enter the marital relationship, but you will definitely accumulate wealth during your marriage. When this happens, it is preferable if you already have a prenup.
Financial disclosure is required as you cannot reach an agreement regarding with your partner until you both have a thorough grasp of each other’s financial circumstances. To make sure this is the case, you and your spouse must both list your income, assets, and obligations as part of the process of creating a prenuptial agreement. This financial information is included in the contract.
It simply states that your prenuptial agreement will expired in the future and instead, the family law at the time of separation will be followed. The term “review clause” refers to a similar type of clause. This clause specifies that you and your partner will examine the prenup at some time in the future to see if it still fits your relationship and, if necessary, will make the requisite modifications.
The decision to enter into a prenuptial agreement is very personal and requires buy in for both parties in a relationship.
Reasons a Prenuptial Agreement Might be Invalid
Prenups have to be properly drafted in order to be valid to avoid the stress and expense of fighting over money in a break up.
Prenuptial Agreement Benefits and Drawbacks
There are many benefits to signing a prenuptial agreement, especially if you and your partner have significant assets.
Can Your Prenuptial Agreement Be Modified after Your Marriage?
A prenumptial agreement may be modified after you’re married depending on the local law and the specific terms of your agreement.