The quintessent are always having your lawyer present during the mediation process. Don`t hesitate to ask for a break to talk to your lawyer before you commit to anything. If mediation does not seem pleasant to you and you think the result is unfair, then you choose to end the conciliation session instead of approving the terms. Remember that in mediation, the idea is that both parties give up something in the interest of solving the problem. If the mediation agreement sounds like you`re giving up too much, discuss it with your lawyer and ask if the result is the best alternative. If mediation is not private, so-called open mediation, the Ombudsman can write a report that says what happened during mediation and what each party proposed, accepted and refused. The mediator should not give an opinion on whether he considers one of the parties „fair“ or „reasonable“. The Ombudsman`s report can be used by the parties when they go to court. For more information on mediation, visit our Alternative Dispute Resolution (ADR) section. Mediation is an opportunity for parents to discuss how they care for their children after they divorce or separate. The ultimate goal of mediation is to help parents reach an agreement on how to care for their children. An agreement with which both parties can live does not necessarily mean that both parties are 100% happy. During mediation, parents can work on it: the conciliation parties` agreements are finally concluded only when each party sees its lawyer in legal consultation.
As soon as this happens, they can agree that either the lawyers or the Ombudsman will draw up the contract that the parties sign to end their dispute. It is important that the contract includes a certificate from the lawyer for each page indicating that legal advice has been given. The contract is then mandatory. If one of the two parties enters into an agreement that is in the contract and does not comply with the agreement, a court can make decisions on the basis of the contract. However, remember that mediation is a unique opportunity for you to decide what is best for your children and is often preferable to a judge`s decision. Your lawyer should be available to declare your legal rights and obligations, check all agreements you will get before they are final, and answer any questions you may have. As a general rule, lawyers are not involved in the mediation meeting itself. But you should talk to your lawyer before and after mediation. How can I prepare for mediation? It is important to keep an open mind and a positive attitude towards the mediation process.
Some things you should keep in mind are that the mediator will not tell any parent what to do and will not take sides. Also think about what mediation is not. Mediation is neither therapy nor couple`s advice, nor an attempt to reconcile the relationship of the parents. Simply put, mediation is an opportunity for parents to make important decisions so that their children benefit most. If you can`t do things between yourself or have a family dispute, you`re expected to try to do so with mediation before going to court. Can I mediate and avoid going to court? No no. Only a court can grant you a divorce and agreements concerning your children must be approved by the courts.