Our Mediator facilitates an agreement and we independently advise and finalise. This separation makes for a cleaner professional record.
A mediator’s duty is to both parties equally. They must remain neutral and cannot give either spouse or parent advice about what outcome is in their best interests only. An Attorney is mandated to represent their client and to act in their best interests.
We believe that the two people should be different.
There is a structural difference between the two functionaries:
- The Mediator must remain independent and impartial.
- The Attorney has a client and mandate with that client.
- The Mediator is not invested in the outcome.
The distinction is particularly compelling when there are minor children involved. A Mediator will ask “what parenting arrangement will work for this family?” and the Attorney will ask “Does this agreement comply with the law and protect the client’s rights and best interests of minor children?”
The Code of Conduct for legal practitioners draws a deliberate distinction as well. An Attorney may act for two parties to record a settlement agreement, provided that the parties have been advised of their right to obtain independent legal advice.
However, the Attorney must refrain from conduct which places or could place them in a position where the client’s interests conflict with their own or another client. We read between the lines here – there is a distinction between getting to the settlement and drafting the agreement.
Our process is transparent, efficient and cost-effective. Book a virtual or in-person consultation with Megan Wentzel to find out why.