Successful mediators consider compromise
The most successful advocates in family law disputes are the ones who appreciate that mediation is a compromise process, Toronto family lawyer Herschel Fogelman says in Law Times. Read Law Times
“The advocacy has to be measured and presented in a way that demonstrates a willingness to compromise,” he says in the article, which discusses lawyers’ approaches to mediation advocacy.
In some family law matters there may be a variety of different payments between parties, including child support, spousal support, and s. 7 expenses. There may be an opportunity in a mediation to restructure these payments in ways that are more palatable to one or both of the parties, Fogelman says in the article.
“Some people don’t like to write cheques for spousal support but they’re happy to pay for other things like a bigger chunk of university fees,” Fogelman, an associate with Basman Smith LLP, says in the article. “You can build the deal in a more holistic way and it stops people from having to trade money back and forth.”