A LAWYER FOCUSES ON INDIVIDUAL INTERESTS
If insufficient attention is paid to the specific interests of each party as an individual, there is a risk of reaching a settlement that is either unbalanced or simply not feasible in practice.
However, if each party were to obtain specialist advice from the lawyer of his or her choice, this can be avoided and all parties can be assured of making a well-considered decision, in which respect they can be certain that all possible options were carefully explored and investigated.
This gives the client the peace of mind he or she needs in a situation like this, facilitating a calm and serene mediation process while safeguarding the relationship of trust between both ex-partners.
A mediator focuses on common interests, while a lawyer focuses on individual interests.
Based on its vast expertise in this field, Keyser advocaten offers specialised advice to persons who seek information for themselves in order to optimise the mediation process.
‘When we are engaged by a client, the process is initiated with an extensive introductory meeting. This is a crucial first step towards the development of the relationship of trust that is so important between a lawyer and a client.
The next step is to arrive at a proper assessment of the client’s situation. How are the assets structured? Is there a financial imbalance between the two partners? What is important to the client?
Once the client’s wishes have become clear, the most important liabilities are discussed with the client and taken into account in the further mediation process.
Special attention is paid to time, for example. What are the consequences of a long and extensive mediation process? Is this potentially disadvantageous for the client from the perspective of property law? What impact does it have on discussions concerning alimony and child support, for example?
The client is also advised on the possible outcome of court proceedings so that he or she can consider the outcome of the mediation process based on the potential outcome in a court of law.
In conclusion, we can place our practical experience at the disposal of our clients to advise them on the practical obstacles of certain schemes and any pitfalls they may encounter in respect of these.
These pitfalls usually concern problems that we frequently see recurring, such as a discussion on extraordinary expenses, a bank account for the children, issues in relation to residence permits, and so on.
At the end of the mediation process, we will study the settlement agreement in detail to ensure that our client’s interests are safeguarded. to the greatest possible extent.’