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Mediation is a method to settle disagreements between couples. The mediator is typically a neutral lawyer or a trained professional. We encourage families to use the role of a mediator in family law cases to help settle their marriage issues. Additionally, mediation can be used for children’s custody problems or any other conflicts instead of family law courts.
Most unhappy couples either come to a settlement on their own or with the help of mediators. The role of a mediator has major importance in resolving disputes and family law matters in Canada.
Mediation is a type of Alternate Dispute Resolution or ‘ADR’. An ADR is a means to resolve a dispute other than to go to court. A trained, impartial mediator assists the parties in reaching agreements on many family law issues. These issues include parenting arrangements, child support, spousal support, and property division. Mediation roles include assisting each party to address their needs and concerns during the mediation phase. Allowing the parties to compromise to resolve the problems in appropriate situations is another role of the mediator. If you and your partner are unable to come to an understanding, a mediator might be able to help you better negotiate an agreement.
A mediator, unlike a judge, doesn’t force solutions on people but helps them find their solutions to their problems. Many mediators are also lawyers but not all. Whether the mediator is a lawyer in a family law case or not, they should possess special training in family dynamics and family law matters. Families facing challenges such as divorce, separation, child custody, have access to meet with a mediator to discuss these matters. You can reach a settlement through mediation which focuses on your child and avoids going to court. Mediation within the family is confidential and informal.
Family conflicts most frequently arise where there is a dramatic change. Separation of parents, formation of blended families, and an aging parent’s desire to move to a residential facility are examples of family conflicts. However, conflicts may also arise if a teenager has been acting out, a parent has developed an addiction and is not available to care for a child. These changes tend to be very stressful, people stop listening to each other and fail to reach a settlement.
Mediators are trained to:
Families use mediation largely to resolve issues of custody and access. Nevertheless, couples are increasingly using mediation programs to help settle on all family-related issues including property division, and issues of spousal and child support.
Kazembe Law can help you understand your legal rights and ensure that your interests are protected if you’re about to separate or have recently separated from your partner.
We recommend that you get the legal advice that is right for you.
If you are considering representing yourself as a matter of family law, our experienced family lawyers and mediators can provide you with information, legal assistance, advice, and practical tips to help you prepare your case and improve your results.
Divorce today, in the 21st century, is almost a norm. A large percentage of marriages are ending in divorce today. When a relationship is happy and exciting and new, it often seems like it could never end. What was once a classic love story can quickly turn into a bitter fight over asset division, child custody and any number of other issues. Divorce is often an emotionally charged and painful experience for all parties involved, and the last thing you want is to compound the unpleasantness by dealing with a variety of stressful arguments and legal battles.
Obviously you don’t want to set your marriage up for failure by planning and preparing for divorce from the outset. However, there is nothing wrong with drafting a prenuptial agreement in order to protect both parties’ interests should the relationship end at some point in the future. And for those already going through a divorce—or considering doing so—legal counsel is virtually mandatory, as very few divorces end amicably.
Understanding your rights as a married person—and as a divorced or soon-to-be-divorced person—can go a long way towards ensuring a fair settlement, not to mention reducing any related stress. If you are considering acquiring legal representation in preparation for or conjunction with a divorce, we suggest you attend our free seminar “When the Honeymoon Is Over: Divorce in the 21st Century.” Legal professionals from Kazembe Law will be on hand to explain the intricacies of divorce proceedings, and to answer any questions you might have. Let us provide you with the expertise you need to expedite your divorce and prevent stressful, drawn-out legal battles.
If you have any queries, contact us.
Spouses have mutual supporting obligations for each other. A couple immediately assumes that mutual responsibility when they get married. If they stay together, responsibility emerges when they are in a permanent relationship. If they have a child together after three years of cohabitation or earlier, the responsibility is also present. Once you face a divorce, spousal support may be part of your case, it’s crucial to understand how it works in Canada.
Spousal support is money paid from one spouse to another spouse after a separation or divorce. Maintenance or alimony are other names for it. There are several variables that can influence whether a married or common-law partner has the right to alimony. The law determines how much support they can get.
Under the Federal Divorce Act, spousal support is considered if the couple is married and seeking divorce. Otherwise, Provincial Family Law Act regulates spousal support in Ontario. In either case, the substantive principles are identical. The purpose of the law is to counterbalance fairly the economic consequences of spousal relationships.
Relevant factors affecting spousal support in Canada include the length of the relationship and the financial circumstances of the parties. Roles fulfilled while together, especially the raising of children are also factors.
Some partners believe that they will receive large amounts of money every month automatically. On the other hand, their counterparts assume their former partners get money for doing nothing. In Canada, spousal support is not so simple. It requires an expert lawyer’s guidance who specializes in the area of Family Law.
Whichever partner earns more pays the support to the partner who earns less. The recipient of the support is the person who receives support. The payor of support is the person who pays the support.
Family conflicts most frequently arise where there is a dramatic change. Separation of parents, formation of blended families, and an aging parent’s desire to move to a residential facility are examples of family conflicts. However, conflicts may also arise if a teenager has been acting out, a parent has developed an addiction and is not available to care for a child. These changes tend to be very stressful, people stop listening to each other and fail to reach a settlement.
Mediators are trained to:
Families use mediation largely to resolve issues of custody and access. Nevertheless, couples are increasingly using mediation programs to help settle on all family-related issues including property division, and issues of spousal and child support.
Kazembe Law can help you understand your legal rights and ensure that your interests are protected if you’re about to separate or have recently separated from your partner.
We recommend that you get the legal advice that is right for you.
If you are considering representing yourself as a matter of family law, our experienced family lawyers and mediators can provide you with information, legal assistance, advice, and practical tips to help you prepare your case and improve your results.
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