top of page

Why Hiring a Family Lawyer-Mediator Gives You the Most Efficient Separation Process

Updated: 2 days ago

When couples start planning their separation, they want a process that feels calm, respectful and cost effective. Family Mediation is often the best fit because it allows you to make your own decisions with support and structure. What many people do not realize is how important the final Separation Agreement is and how much it matters who drafts it.


When you're going through a separation, you likely will need a Separation Agreement to outline your decisions. This is particularly the case if you own a house or have other property like pensions or other financial accounts that need to be divided. It's also a good idea to confirm any agreements related to parenting and support payments for clarity and so that you can enforce the terms if necessary. Family mediators, who are not also family lawyers, are not permitted to draft Separation Agreements, so they draw up something called a Memorandum of Understanding, outlining the terms of the Agreement, which then gets transferred to a lawyer who will turn it into a Separation Agreement.


I work as both a family mediator and a family lawyer. This combination is called a Family Law Mediator and it gives couples a more efficient experience because I guide their conversations and I also draft their Separation Agreement myself. You do not need to hire a another professional to turn your decisions into a complete and enforceable legal document. You save time and money and you end up with a strong agreement that meets every legal requirement.


A Lawyer-Mediator Gives You the Best of Both Worlds


When you work with a family lawyer and family mediator, you get the benefits of two professionals in one place. As your mediator, I help you and your spouse communicate, understand each other's interests and work through the issues that matter most. I guide the conversation so it stays respectful and productive, and I support both of you equally while you explore options and make decisions. At the same time, I'm already thinking ahead to how your decisions will translate into a clear Separation Agreement, which keeps our discussions focused and helps you avoid missing important details.


Family Mediation in Victoria BC

As a family lawyer, I add another layer of support by explaining the legal context behind your choices so you understand what the law expects, what the implications are and how your decisions may play out in the future. You get a full mediation process with legal clarity built right into it, without the disconnect that can happen when a non lawyer mediator sends your summary to a separate lawyer who was not present for your conversations. That handoff often leads to missing context, added back and forth, unnecessary delays and extra costs.


Once your decisions are made, I shift fully into my lawyer role and draft your Separation Agreement

in clear and neutral legal language. Nothing about the mediation process changes. You stay in control and you make every decision yourselves. The difference is that you move directly from agreement to a complete, accurate legal Separation Agreement that reflects exactly what you intended. You get a transparent family mediation process and a high quality agreement without surprises, gaps or extra steps.


Getting a Legally Binding Separation Agreement

A legally binding Separation Agreement requires full financial disclosure and a clear understanding of the law. As a family lawyer and mediator, I guide you through this step by helping you exchange the relevant financial documents and making sure nothing important is overlooked.


During our sessions, I provide context and explain the law and how it applies to your situation. I have been practicing for more than 20 years, and that experience shapes the guidance I provide in mediation. I have appeared in Provincial Court, the Supreme Court of BC and the Court of Appeal. I have sat with judges in family case conferences, listened to their reasoning and read countless detailed decisions. I bring all of that background into our conversations so you get the context you need to understand how the law applies to your situation. When you receive that information in real time, as you are making decisions together, there are no surprises later when you review the agreement with your individual lawyers. You can move forward knowing the choices you made are informed, realistic and grounded in how the law actually works.

Because I'm both a family mediator and a family lawyer, I know the right questions to ask during our discussion because I'm already thinking about how I'll write your Separation Agreement. I guide you through the issues that matter most and help you spot details you might not realize are important. This approach keeps our conversations focused and practical, and it helps you feel confident that the final agreement will be complete, clear, and tailored to your family.

I know the right questions to ask during our discussion because I'm already thinking about how I'll write your Separation Agreement.

Why A Lawyer-Mediator Lets You Skip an Entire Step

If your family mediator is not a lawyer, you will need to hire a family lawyer to draft or review your actual Separation Agreement. The lawyer who drafts the final document will often miss important context and detail that shaped the outcome you reached in mediation. That gap can lead to misunderstandings, extra back and forth, and added time, complexity, and cost. When I handle both the mediation and the drafting, you avoid those delays and you get a final document that reflects your intentions accurately and fully.


When I act as your mediator, I also draft your final Separation Agreement. You move directly from reaching consensus in mediation to having a complete legal document without the extra step of hiring another professional. This creates a simpler, more efficient process that helps you:


  • avoid paying for a second person to draft or rewrite your agreement

  • prevent errors that come from writing without context

  • feel confident your separation agreement meets legal standards

  • finish your separation process sooner and with fewer expenses


You still make the decisions. I simply put those decisions into the legal format required to protect you and reflect your intentions clearly.


A Family Lawyer-Mediator Drafts It Neutrally

Another important benefit of having your mediator draft the Separation Agreement is neutrality. When each spouse hires their own family lawyer to draft or negotiate the terms, the document often takes on the style, tone and priorities of the lawyer who wrote it. Even unintentionally, the drafting can lean toward one spouse's interests, which can trigger defensiveness and increase tension. The other spouse may feel the need to push back or correct the wording, and that back and forth can add conflict, cost and delay.


Rebecca Alleyne, family law mediator, explaining Separation Agreement

When I draft your Separation Agreement as a neutral mediator, I write in balanced, clear language that reflects both of your decisions and neither of your positions. My goal is accuracy, fairness and clarity, not advocacy. This helps both of you feel comfortable with the agreement and reduces the likelihood of future conflict or misunderstandings. The tone stays calm and the agreement stays cooperative.


My goal is to make sure that signing the Separation Agreement is as smooth and efficient as the mediation itself. You avoid unnecessary conflict, avoid extra lawyer negotiations and avoid the added costs that come from drafting styles that pull you away from the solutions you worked so hard to reach together.


Why the Quality of Your Separation Agreement Matters

A well drafted Separation Agreement is essential for several major post separation steps. Without the correct legal clauses, these steps may not go through:


Property transfers

The Land Title Office requires specific wording before updating ownership.


Mortgages and refinancing

Lenders rely on clear legal statements about property ownership, liabilities and responsibility for payments.


Pension division

Pension administrators only divide benefits when the agreement meets their legal standards.


Selling your home

Realtors, conveyancers and buyers often require proof that both spouses have authorized the sale.


Uncontested divorce

The court needs a complete Separation Agreement that covers parenting, child support, with specific decisions and language under the law, before granting a divorce.


If the agreement is missing key clauses, you may face delays, added expenses or the need to revisit issues you thought were already settled.


A Family Law Mediator Simplifies Separation

Most families want a process that reduces conflict, keeps costs manageable and helps them move forward with confidence. When family mediation and legal drafting happen in the same place, you avoid the confusion and cost of hiring multiple professionals. You also reduce the risk of mistakes that can cause delays or force you to redo parts of the process.


When everything is handled in one streamlined process, you complete your separation more efficiently and with stronger long term protection. You leave feeling organized, supported and ready for the next stage of your life.


Choosing a family mediator who is also a family lawyer gives you the best of both worlds. You get the calm, collaborative environment of mediation and you also leave with a strong legal document that protects your decisions. You skip extra steps, save money and feel confident that your Separation Agreement will support you in the years ahead.

Comments


Commenting on this post isn't available anymore. Contact the site owner for more info.
201 - 1842 Oak Bay Avenue
(250) 595-0323
  • Facebook
  • Twitter
  • LinkedIn

©2025 by Rebecca Alleyne Family Law Mediation

bottom of page