• Home
  • Henka Services
    ▼
    • Mediation
    • Collaborative Divorce
    • Settlement-Focused Divorce
    • Cohabitation Agreements
    • Roadmap Of Our Services
  • About Henka
    ▼
    • Our Team
    • Our Vision
    • Our Community Involvement
    • Testimonials
  • Blog
    ▼
    • Collaborative Divorce
    • Mediation
    • Co-Parenting
    • Separation & Divorce
    • Communication
    • Child Support
    • Spousal Support
    • Division of Property
    • Written Agreements
  • Divorce Resources
    ▼
    • e-Learning Resources
    • Forms & Government Resources
    • Client Resources
    • Workbooks
    • Learn by Category
      ▼
      • Co-Parenting
      • Communication
      • Child Support
      • Negotiation Process
      • Division of Property
      • Spousal Support
  • Media
    ▼
    • TV Interview Series
    • Lloydminster Community Legal Clinic
  • Contact
    ▼
    • Refer A Client
    • Client Contact Form
  • Client Login
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Henka Divorce Law & Mediation In Alberta & Saskatchewan

Serving Alberta and Saskatchewan, Canada
Lloydminster: 780.875.2234 | Edmonton: 780.809.2202 | Contact Us

  • Home
  • Henka Services
    • Mediation
    • Collaborative Divorce
    • Settlement-Focused Divorce
    • Cohabitation Agreements
    • Roadmap Of Our Services
  • About Henka
    • Our Team
    • Our Vision
    • Our Community Involvement
    • Testimonials
  • Blog
    • Collaborative Divorce
    • Mediation
    • Co-Parenting
    • Separation & Divorce
    • Communication
    • Child Support
    • Spousal Support
    • Division of Property
    • Written Agreements
  • Divorce Resources
    • e-Learning Resources
    • Forms & Government Resources
    • Client Resources
    • Workbooks
    • Learn by Category
      • Co-Parenting
      • Communication
      • Child Support
      • Negotiation Process
      • Division of Property
      • Spousal Support
  • Media
    • TV Interview Series
    • Lloydminster Community Legal Clinic
  • Contact
    • Refer A Client
    • Client Contact Form
  • Client Login
You are here: Home / Blog / Mediation / The Role of Lawyers in Family Mediation

The Role of Lawyers in Family Mediation

August 10, 2018 By Stephanie Dobson

When families meet with me and wish to use Mediation to resolve their issues relating to their separation and divorce, they often ask whether they need to have a lawyer as well, or if I can finalise everything (being that I am a lawyer and a mediator).

Often clients want to use mediation instead of lawyers.  I remind them that my role as mediator is to help them to (1) negotiate and (2) resolve their conflict and post-separation issues.  Sometimes when clients come in with most of their resolution in mind, I will help to ensure that the right level of detail has been considered.  In the end, if there are property division issues and they are Alberta married or Saskatchewan spouses (married or living together 24 months), then they will need “independent legal advice” from a lawyer outside of my firm to sign off on their Separation Agreement.  This “sign off” may be one appointment, or it may be a series of appointments.  If your issues only relate to parenting, you could sign off on your own agreement without a lawyer’s signature, but it is always recommended to have an independent lawyer review it to ensure that you understand your rights and obligations under the law before finalising any agreements.

When is it appropriate to get your lawyer involved?  Many clients don’t want to get lawyers involved unless and until they have to.  When we are completed mediation I typically will provide you with a draft Separation Agreement, your property spreadsheet, all of your disclosure organised and labelled so that it is easy to review and complete, and a cover letter describing any context required for your lawyers (so you don’t have to explain some of the complexities).  This is your “mediation package” which I describe as being handed to your lawyers on a “silver platter”.  If you choose to wait until negotiations are completed before meeting with your lawyer, this package will help to provide context so your lawyer isn’t looking at your situation in a vacuum as much as possible.

If you wish, you can get your lawyer involved during the negotiation / mediation process.  One option is to meet with your lawyer between sessions to describe the session and to get their advice as you go.  If your lawyer has suggestions for you, it’s better to get those ideas before you finalise your negotiations in mediation.  As a mediator I can provide legal information (black & white law), but not legal advice (interpreting the law and strategically applying it to your situation).  Another option is to have your lawyer attend one or more mediation sessions with you.  Most clients don’t want to do this, as it adds to the cost of mediation, but again it can assist especially if you anticipate one particular session being a discussion on very complex issues.

Mediation and legal advice can and should go hand-in-hand.  I understand when clients don’t want the expense of both professionals at once when their finances are likely pushed to the max.  However, if mediation is used primarily for the negotiation process, and lawyers are used in the background between sessions or as add-ins on a particular session or two, it can be very helpful to assisting you to make your decisions.  I always tell my clients it’s better to have your lawyer retained early in the process, have them at least in the background ready to assist you as/when you need them.

Filed Under: Blog, Co-Parenting, Division of Property, Mediation, Separation & Divorce

Primary Sidebar

A boutique family law firm with Alberta offices in Lloydminster and Edmonton, virtually serving clients throughout Alberta and Saskatchewan.

Contact Us

We focus on achieving healthy, thriving families after divorce or separation.

We offer an innovative, practical Service Package that combines Stephanie Dobson's live help with a comprehensive Workbook so that you can reach resolution that works for your family in a cost-effective way.  We have 3 Workbooks to choose from based on your situation.

Click for More Information

 

From the Blog

I have heard about “Collaborative Law” for divorcing families – what is it?

Let’s Connect

Videos

  • Effective Communication - Stephanie Dobson
    Effective Communication - Stephanie Dobson
  • Becoming Successful Co-parents - Stephanie Dobson
    Becoming Successful Co-parents - Stephanie Dobson
  • Building an Effective Parenting Plan - Stephanie Dobson
    Building an Effective Parenting Plan - Stephanie Dobson
  • Optimizing Exchanges of Kids - Stephanie Dobson
    Optimizing Exchanges of Kids - Stephanie Dobson
  • Preparing for Separation - Stephanie Dobson
    Preparing for Separation - Stephanie Dobson
  • Parenting From Two Homes
    Parenting From Two Homes
  • How to Tell the Kids - Stephanie Dobson
    How to Tell the Kids - Stephanie Dobson
  • Helping Kids Thrive - Stephanie Dobson
    Helping Kids Thrive - Stephanie Dobson
  • Rebuilding Trust - Stephanie Dobson
    Rebuilding Trust - Stephanie Dobson
  • Our Family in Two Homes Workbook - Stephanie Dobson
    Our Family in Two Homes Workbook - Stephanie Dobson
  • The Right Divorce Professional - Stephanie Dobson
    The Right Divorce Professional - Stephanie Dobson

Footer

Lloydminster Office
4104 – 50 Avenue
Lloydminster, AB/SK T9V 0V8
T: 780.875.2234
Edmonton Office
Suite 1400, 10665 Jasper Avenue
Edmonton, Alberta T5J 3S9
T: 780.809.2202
  • Facebook
  • Instagram
  • LinkedIn

Blogs by Category

Copyright © 2022 Henka Divorce Law & Mediation · All Rights Reserved

· · ·

Website Design by The Crouch Group

Safety Exit