Who are Family Mediators? 

Mediators are usually social workers, lawyers, psychologists, or other professionals. When these professionals work as family mediators, their job is to help parties reach an agreement on support payments, the division of property, custody of and access to the children, or any other family-related issues. Usually social workers and psychologists are more focussed on resolving parenting issues.  Lawyers are often more comfortable with the law as it relates to all of the financial issues, although frequently they address parenting issues too so the parties only have to use one mediator.  John Schuman has been involved with custody/access and children’s rights cases for more than twelve years, so he is comfortable with mediating parenting issues.  Mediators do not take sides or make decisions for the parties. They also cannot give legal advice.

Do I Still Need My Own Lawyer if I Want to Mediate? 

A party considering mediation may speak to a lawyer before seeing a mediator. It is helpful to know the law and your rights and obligations before mediation starts. Sometimes parties take their lawyers with them to mediation, because they do not feel confident advocating for themselves, or they want legal advice during the course of the mediation to make sure the discussions are on the right track.  It is also important for each party to review any agreement reached during mediation with his or her respective lawyer before signing it.  Parties who use mediation still need to get Independent Legal Advice with regard to their settlement if they want to have a separation agreement that a court is likely to enforce.  There is a lot more information about why should consult a family lawyer before going to mediation on this page. More information on how lawyers help the mediation process can be found by CLICKING HERE.

Do I Still Need My Own Lawyer if I Want to Mediate? 

A party considering mediation may speak to a lawyer before seeing a mediator. It is helpful to know the law and your rights and obligations before mediation starts. Sometimes parties take their lawyers with them to mediation, because they do not feel confident advocating for themselves, or they want legal advice during the course of the mediation to make sure the discussions are on the right track.  It is also important for each party to review any agreement reached during mediation with his or her respective lawyer before signing it.  Parties who use mediation still need to get Independent Legal Advice with regard to their settlement if they want to have a separation agreement that a court is likely to enforce.  There is a lot more information about why should consult a family lawyer before going to mediation on this page. More information on how lawyers help the mediation process can be found by CLICKING HERE.

Is a Mediation Agreement Binding? 

Mediated agreements are not binding until they have been incorporated into a written agreement or a court order.  Both parties should obtain Independent Legal Advice before the agreement is finalized to ensure they understand their rights and obligations, as well as the effect of the proposed agreement.

Can What I Say at Mediation be Used Against Me? 

Generally, discussions about settlement are not admissible in court.  However, Ontario has two types of mediation in family matters: open and closed.

In closed mediation, all discussions between the parties are confidential and cannot be used as evidence against either party, with very few exceptions (for example, where concerns arise over the welfare of a child).  In addition, the mediator will not report to the lawyers or the court on the progress of the mediation or provide an opinion on the issues that have been discussed in mediation to anyone other than the parties themselves.

Open mediation means that the process is not confidential.  With open mediation, the agreement to mediate, or mediation contract, may also authorize the mediator to prepare a report once the mediation finishes.

How Long Does Mediation Take?

The mediation process is flexible and can take one session or many.  The better prepared the parties are for a mediation meeting, the more productive that meeting will be.  It is helpful if the parties have exchanged financial disclosure and figured out the specific areas of disagreement.  However, if the issues are complex, a number of meetings may be needed to come to a resolution.

How Much Does Mediation Cost? 

Mediators charge by the hour.  The hourly rate usually depends on the type of professional and his experience. (John Schuman’s mediation rate is $1900 for a half day and $3600 for a full day, which is shared by the parties.) The longer mediation takes, the more it costs.   Some mediators also charge administrative fees in relation to the costs of conducting the mediation (obtaining a room, refreshments, access to some computerized Family Law tools, etc.)  John Schuman and the Devry Smith Frank  mediation group do not charge an administrative fee in addition to the hourly rate.

Mediation is always less expensive than taking a dispute to trial through the courts.

What is Arbitration? 

Where mediators do not impose a decision on the parties, arbitrators do.  The arbitrator is usually an experienced Family Lawyer, psychologist or social worker, who knows Family Law well, and also knows the law with regard to the procedure for conducting a formal hearing to decide issues between the parties.  With arbitration, the arbitrator makes the decisions after reviewing the evidence of the parties. 

The idea behind arbitration is that the parties pick their judge, who is known as the arbitrator. In picking an arbitrator, the parties can choose someone who has the same outlook or values as they do. The parties pay that arbitrator an hourly rate for his or her work.  However, arbitration is still usually faster and less expensive than court, as the parties and the arbitrator can agree to streamline the process.  Also, because the parties are paying the arbitrator, he or she often spends more time getting to know the parties and their situation.  Judges are not always permitted the luxury of having a lot of time to spend on a particular case.

John Schuman can also act as an arbitrator or a mediator/arbitrator (see the next question).

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Child Custody & Visitation – Different types of custody may be awarded in North Carolina depending on your family’s circumstances. Learn more about the forms of custody available in North Carolina and what to expect from your custody case.

Custody Evaluations – At times a court may find it appropriate to have a psychologist speak to parents and children involved in a custody matter. Learn more about what a custody evaluation is, how one is performed, and what bearing it may have on your case.

Understanding Custody Hearings – Learn more about the court process for determining custody and factors involved in making a custody determination.

Modifying Child Custody or Visitation – Learn about the circumstances under which a final custody agreement or order can be changed in North Carolina.

Child Support – Whether you’re a parent seeking child support or being asked to pay, it’s important to understand your rights in a child support case. Learn more about how child support works in North Carolina and how courts determine payment amounts.

Calculating Child Support – Calculating child support can be a difficult process. For help with navigating this situation, call a family attorney from Breeden Law Office for help.

Child Support Contempt Proceedings – Facing a court proceeding for failure to pay child support can be daunting. Learn more about how these hearings work and how North Carolina child support attorney Jonathan Breeden can help.

DSS Investigations – If you’re the subject of a DSS investigation, you’re likely worried about what will happen and whether you might lose your children. Learn more about why DSS might investigate a parent, possible outcomes of an investigation, and how an experienced North Carolina family attorney can help.

Paternity Claims – Learn how paternity claims can affect child custody and child support, and how paternity claims are handled in North Carolina courts.

Emergency Custody Orders – Learn what an emergency custody order is, the circumstances under which a parent might seek one, and the process for getting one in a North Carolina court.

Interstate Custody – Custody issues can become complicated when parents live in different states. Learn how a North Carolina family attorney can help if you’re trying to negotiate a custody agreement across state lines.

Relocation – When parents share custody and one wants or needs to relocate to another state, certain issues come into play. Whether you’re the parent who wants to relocate or the parent staying in North Carolina, a North Carolina family attorney can help you find the best path forward for your family.

Mother’s Rights – To ensure that your maternal rights are upheld by the court, it’s essential that you consult a knowledgable North Carolina family lawyer so that your divorce does not damage your relationship with your child.

Father’s Rights – If you are a father hoping to get custody of your child, you will need to reviw all your options with a skilled North Carolina family lawyer with Breeden Law Office.

Grandparents’ Rights – It’s becoming more and more common for grandparents to raise their grandchildren for many reasons. Learn more about grandparents’ rights in North Carolina.

Relatives’ Rights – Learn more about relatives’ rights when it comes to custody of children that are not yours.

Stepparent Rights – Since stepparent custody rights are complicated in North Carolina, it is in your best interest to consult an experienced family attorney if you would like custody or visitation

Stop Child Support Payments – There are many situations in which you could ask for your child support payments to end, including your child turning 18 years old and your child enlisting in the military. There are complex legal issues surrounding ending child support payments, so it is important to consult with a lawyer before moving forward with this issue.

Legal Custody vs Physical Custody – You and your ex-spouse or partner may have difficulty determining legal or physical custody of your children after a divorce. It’s important to understand the difference between legal and physical custody so that everyone involved can make the best of this difficult time.

Dependents & Tax Exemptions – When determining which parent gets to claim your child as a dependent during tax season, it’s important to have an attorney on your side who can explain the complicated issues surrounding this process.

Parental Kidnapping – As a parent who shares custody, it is possible to kidnap your child if you don’t thoroughly understand your custody agreement. Reach out to a North Carolina family attorney to learn more.