Lawyers and Family Court can always come later if no progress is made in mediation. With Divorce mediation you pay-as-you-go, there is limited financial jeopardy in trying to use mediation even if you are skeptical. You could devote a few hundred dollars to find out a settlement is not in reach and end up in Family Court anyway. However, there is a greater likelihood that you will settle in mediation if you start. In that event, you may have saved yourself tens of thousands of dollars

Rethinking “Lawyering Up”

10 Reasons to Seek Mediation and Financial Guidance First in Divorce

In the throes of a divorce or separation, it’s tempting to seek legal advice immediately – after all, isn’t that what we’re taught to do? However, while legal guidance is crucial, it isn’t necessarily the best first step. Separation and divorce proceedings are about 90% about finances and children rather than purely legal matters. Today, let’s debunk this misconception and explore why it might be better to collaborate with a mediator and CDFA before reaching out to a lawyer.

Timing is Everything

Like in life, timing is everything when it comes to hiring a divorce lawyer. Knowing when to seek legal counsel during a divorce or separation is crucial to achieving the best possible outcome. Here are some key considerations to determine the right time to hire a divorce lawyer:

  • Control the Process: Working with a mediator and CDFA, you and your spouse maintain control over the process, making decisions collaboratively instead of dictating them by attorneys or the court.

  • Financial Clarity: A CDFA brings financial expertise to your case, helping you understand financial decisions’ short- and long-term implications.

  • Comprehensive Disclosure: These professionals guide you in gathering necessary disclosure documents, ensuring no financial stones are left unturned before consulting a lawyer.

  • Focused Negotiations: Mediators help parties stay focused on their real intentions and the main issues, preventing distractions from the path of resolution.

  • Cost-Effective: Mediation and financial analysis can often be more cost-effective than immediately “lawyering up” while offering comprehensive guidance.

  • Reduced Animosity: Opting for mediation first may reduce the antagonism between parties. The traditional “lawyering up” approach can create an adversarial atmosphere that fuels hostility.

  • Holistic Approach: Mediators and CDFAs consider monetary and non-monetary aspects, such as children’s welfare, providing a more holistic view of your situation.

  • Informed Legal Decisions: A solid understanding of your finances and intentions empowers you to make more informed decisions when seeking legal advice.

  • Protection of Rights: The modern family law system ensures your rights are protected – consulting a mediator or CDFA first doesn’t negate this protection.

  • Better for Children: Focusing on finances and children first helps create a more stable environment during this transition, which is often better for children.

Remember, the goal is to make your divorce or separation as smooth as possible for all involved. Therefore, starting with a mediator and CDFA might not be the traditional route. Still, it could be right for you, providing clarity, control, and a comprehensive view of your situation before you step into a lawyer’s office. As always, every situation is unique, so consider your options carefully and seek the best approach for your family.

About the Author:
Ken Maynard CDFA, Acc.FM

I help smart and successful couples, create separation agreements with clarity and soft landings for secure futures, in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs. You can work with me by video conference or with a DTSW associate at any of our 6 DTSW Greater Toronto mediation centers, including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough.

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