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  • Mediator or lawyers?

    Relatively straightforward seperation statements being drawn up, I have received ex's I am working on mine. She seems to have spirited away some of her RRSP's pre seperation (as I mentioned elsewhere on this forum), my question is: she has a lawyer I have a lawyer, when we have both written out our seperation statements is it better to let the lawyers review and tussle over them or sit down with a mediator, if so where do you find one? Thank you.

  • #2
    If you already have lawyers I suggest using them to advise you with respect to the separation agreement.

    A mediator facilitates negotiation; they do not give you legal advice (even if they are a lawyer). They can draft an agreement that fits what the parties want, but if you and your ex can negotiate it on your own then you may be better off doing so then having a lawyer draft it. Each party should obtain independent legal advice before signing - you can go to a lawyer, pay for an hour or two of their time and they can review the document and your finances and let you know whether you are missing anything big.

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    • #3
      A mediator is only good if you and your ex can negotiate, fully disclose and are motivated in the same way. But both people have to be willing to fully disclose your finances. Otherwise, mediation is not for you.

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      • #4
        Originally posted by DadinLaw View Post
        A mediator is only good if you and your ex can negotiate, fully disclose and are motivated in the same way. But both people have to be willing to fully disclose your finances. Otherwise, mediation is not for you.
        Agreed...however if you and your ex are able to negotiate and be respectful to each other, why not sit down at a mutual location, pound out a separation agreement then take it to your respective lawyers to review? This would save you money on mediation and lawyer services.

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