Divorce mediator lawyer

Mediation is a way to mend relationships when there are disagreements or when spouses don’t listen to each other anymore.

Mediation is held by a mediator who is impartial.

Mediation is a way to resolve disagreement as it’s confidential and helps improving communication as finding a solution to come to an agreement.

Mediation is legally binding as per articles 21 à 21-5 de la loi n°95- 125 du 8 février 1995 regarding French civil law.

A mediator is impartial and independent who helps the parties talk through the issues and listening again to one another, as to help them defining needs and improving communication.

A mediator can be a lawyer but it’s not essential.

Professionals other than a lawyer can be a mediator: psychologists, experts, notaries, judges, teachers and professors, business owners. That is why this job is so valuable.

To conduct a successful mediation session, they are key points to follow:

• Parties must listen to one another with the mediator’s help. Each person listens to the other as they speak. The mediator then rephrases what he has heard.
• Parties should avoid interrupting others in conversation.
• Parties should avoid using aggressive tone of voice. It’s rather advisable to speak about your feelings. For instance: avoid saying “you hurt my feelings”, use rather “I felt hurt when you said…..”

Mediation is an informal technique to resolve disputes between parties in which a mediator assists them but does not take sides and does not offer a solution.

The solution may come from the parties as the cost of the mediator.

A conciliation appoints an expert to resolve disputes between the parties. The conciliator offers a solution.

Collaboration or collaborative law process is a hybrid between a divorce involving lawyers and divorce mediation but overall, collaboration pursues the same goals:

• Resolving an issue by the involved parties themselves and not by a third one.
• Parties will be more inclined to apply their solutions they have chosen themselves
• Long lasting solution: communication is key to addressing issues but also to prevent them in the future.
• Take everyone’s needs into account: Needs identified during mediation may differ from those presented in court. For instance, a parent might request joint custody in court, but the underlying need is to maintain regular contact with the child.
• Avoiding legal proceedings: a family law judge is about resolving issues most of the time but sometimes not.

In a mediation, the parties maintain control whereas in arbitration the judge or the arbitrator is in control of the process and makes the final decision.

Mediation in both the UK and the US refers to a structured and facilitated negotiation process in which a neutral third party, known as a mediator, helps disputing parties work towards a mutually acceptable agreement. While the principles of mediation are generally similar in both countries, there may be some procedural and cultural differences.

United Kingdom (UK):

• Legal Framework: Mediation in the UK is often used in civil and family law cases. The court may encourage or, in some cases, require parties to attempt mediation before proceeding to a trial.
• Family Mediation: In family law cases, mediation is commonly used to address issues related to divorce, child custody, and financial matters. Family mediation services are available through private mediators or publicly funded organisations.
• Civil and Commercial Mediation: Mediation is also widely used in civil and commercial disputes. Parties may voluntarily choose mediation to resolve contractual, property, or other civil matters.
• Regulation: Mediators in the UK may be accredited by various professional bodies, such as the Civil Mediation Council (CMC). However, the mediation field is not as regulated as some other professions.

United States (US):

• Legal Framework: Mediation is commonly used in both civil and family law cases in the US. Courts often refer cases to mediation, and some jurisdictions may even require an attempt at mediation before proceeding to trial.
• Family and Divorce Mediation: Family mediation is prevalent in the US, addressing issues like divorce, child custody, and support. Family mediators may be attorneys or professionals specifically trained in family mediation.
• Civil and Commercial Mediation: Mediation is widely used in civil litigation and business disputes. Parties may choose private mediators or use court-connected mediation programs.
• Regulation: Mediators in the US are not as uniformly regulated as in some other professions. However, various organizations, such as the American Bar Association (ABA), offer guidelines and standards for mediators.

In both the UK and the US, the mediator’s role is to facilitate communication, encourage collaboration, and assist parties in reaching a voluntary and mutually agreeable resolution. The specific procedures, qualifications of mediators, and cultural nuances may vary, but the core principles of mediation remain consistent.

Mediation practices can vary between jurisdictions following different legal traditions, such as the difference between French mediation, which is influenced by civil law principles, and common law mediation, which follows the traditions of common law systems. Here are some general distinctions:

French Mediation (Civil Law Tradition):

• Legal Framework: In civil law systems like France, mediation is often integrated into the legal framework. There may be specific statutes and regulations governing mediation procedures.
• Role of the Mediator: The mediator in civil law jurisdictions often has a more active role in shaping and offering solutions. They may play a role in evaluating legal aspects and advising parties on the likely outcomes in court.
• Confidentiality: Confidentiality in French mediation is generally less absolute compared to common law jurisdictions. The mediator may be required to report certain information to the court under specific circumstances.
• Court Involvement: In some cases, courts in civil law systems may actively encourage or even mandate mediation as part of the legal process. The court may appoint a mediator or approve the choice of a private mediator.

Common Law Mediation:

• Flexibility and Voluntariness: Common law mediation emphasizes the voluntary nature of the process. Parties choose mediation as an alternative to litigation, and the mediator’s role is generally more facilitative than directive.
• Legal Framework: Common law mediation is often more flexible, relying on general principles of contract law. While there are guidelines and ethical standards, there may be less specific legislation governing the mediation process.
• Role of the Mediator: Common law mediators tend to focus on facilitating communication and guiding the parties toward their own mutually agreeable solution. They typically do not offer legal opinions or recommendations.
• Confidentiality: Common law jurisdictions usually uphold strong confidentiality in mediation. Discussions and information shared during mediation are generally protected and cannot be used as evidence in court.
• Court Involvement: While courts in common law systems may encourage mediation, they are less likely to mandate it. The decision to mediate is typically left to the parties involved.

This can be a deed, a contract, an arrangement agreement, a joint request to legalize the mediation. Sometimes, only excuses can end up a mediation.

There is typically no rule about it.

Yes!

The solution stands for a contract. If an agreement is reached, the mediator may assist in drafting a formal agreement that outlines the terms and conditions.

No!

A consent order is not enforceable.

For a consent order to be enforceable, it must be approved by the family law judge (article 1565 Code de procédure civile).

2 options when getting approval from the family law judge: the family law judge approves or not. However, terms and conditions of the consent order cannot be modified.

A disapproval from the family law judge does not invalidate the consent order.

The consent order will not be enforceable and will have to be modified to be enforceable.

As a consent order is a contract, it can be challenged at any time. If the family law judge disapproves, parties can appeal.

An agreement can be found within a day or up to several months.

The number of sessions is down to you to decide based on your wish to move forwards or make progress.

Dispute can not be resolved if you think you’re right all the time!

Dispute can be resolve based on the ability you have to listen to one another.

The cost of mediation is stipulated in the initial agreement.

It can be a flat rate fee per hour or per session and the cost can vary depending on your circumstances, the case, or the total value of the asset base, the mediator, and the experience (Between €180 and €500 without VAT).

Mediation isn’t free, but it’s quicker and cheaper than going to court.