Uncoupling a marriage or business relationship is often fraught with emotion. Each situation is unique and requires thoughtful, fair consideration. Nathalie’s humane, confidential and results-oriented approach provides many short and long-term benefits for clients, who appreciate her ability to successfully guide them to agreement using conflict resolution strategies. With the calm confidence of experience, she efficiently prioritizes and resolves issues in a professional, civilized manner.
Mediation, like Collaborative Law, is a highly evolved method for resolving a separation or negotiating a pre-nuptial agreement.
A mediator is a trained third party who acts as a neutral facilitator, to assist you and your spouse with the discussion of your interests and legal issues. The mediator will not give legal advice or make binding decisions, but make recommendations.
It is sometimes useful to have the eyes and wisdom of an unbiased and experienced third party to suggest potential solutions. A neutral third party will find ways to open up channels of communication when your relationship is challenged.
If you reach an agreement during the mediation process, Nathalie will prepare a legally binding Separation Agreement. Both parties will then be given the choice to speak to their respective lawyers to receive independent legal advice.
If the issues discussed in mediation are fairly simple, the lawyers do not need to be present during the mediation meetings. While the negotiation of some financial issues may take place with the lawyers present, in some cases, if both parties are financially savvy, it can be advantageous for you and your spouse to develop your financial “vision” alone, without third parties.
Lawyers who were not present during the mediation meetings may not agree with what you negotiated on your own, and they may want to revisit different issues directly with the other lawyer. This secondary round of negotiation can be expensive. It’s important to consider the legal advice from your lawyer, but you are also encouraged to be prepared to explain and stand by the agreements that feel right for you, which were negotiated during the mediation process.
You will definitively maximize your chances of success and minimize the costs if the lawyers you choose to work alongside you during mediation are trained in mediation or collaborative law, and/or approve of mediation. In this case, he/she will likely support the direction you wish to take (assuming your choices are well informed and reasonable).
If you have financial and parenting issues:
- You could select both a mediator who specializes in parenting issues for your parenting questions, such as a social worker or a psychologist, and separately a lawyer/mediator for your financial questions, or
- You could select a lawyer/mediator that is trained in both parenting and financial issues (most lawyers are).
If you only have financial issues:
- The mediator would be a lawyer or someone highly trained in legal and financial family law issues such as an accountant.
Nathalie provides unique strategies and out-of-court solutions to the complex human, legal and financial issues related to separation or divorce and pre-nuptial agreements. Read more
Business Owners and their Families
Nathalie is one of a handful of Canadian lawyers who is a certified Family Enterprise Advisor™. Her private process results in more positive experiences for family members and children. Read more