Ontario Oakville

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A Divorce Mediator: Neutral Third Party in Divorce

Posted by samanthas on April 10, 2012 in oakville ontario, Oakville Ontario Services with No Comments


Oakville is home to over 180,000 residents and offers many wonderful family oriented neighborhoods.  Unfortunately, couples do separate and the impact of divorce on a family is devastating.  Going through the lengthy court process causes further stress, and is also expensive.  There are alternatives to the court process, which tend to be cheaper, faster and less stressful.  One of these options is divorce mediation.

A divorce mediator is a neutral third party who helps spouses using the divorce mediation process.  Divorce mediation is a problem solving approach to separation and divorce involving a divorce mediator.  The goal is for the spouses to work as a team towards finding the right settlements for themselves and their children.  The divorce mediator helps the spouses identify issues that need to be resolved and options for resolving them.  There are many issues that arise on separation, including division of property, custody and access, child support, and spousal support. The mediator helps the spouses generate solutions for each of the issues that arise from the divorce.  The solutions are evaluated together and agreement is reached in a civilized manner.  Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out.

Divorce mediation offers more control and flexibility to spouses than going to court does.  The spouses have the flexibility in taking time consider how all the decisions will affect the family in the long term.  They shape the final decision, rather than having a judge quickly make the settlements.

It is important that parties understand their rights and responsibilities before coming to the mediation table.  Both parties should consult a lawyer for independent legal advice at some point during the mediation process. The divorce mediator is a neutral third party and does not work for either spouse. Hence, they cannot give legal advice.  If parties cannot reach agreement with the help of a mediator, they can still go to court and will need a judge or an arbitrator to settle the divorce.  For mediation to be successful, both disputants must be reasonable and motivated to negotiate a final settlement.

Divorce mediation is not for every couple or every situation. However, it has no drawbacks, and can help you save money, time, energy and damage to the family unit.  It is important to find someone who is trained and experienced in divorce mediation in Oakville or the Greater Toronto Area. We recommend Diane Daly, a lawyer with over 20 years experience if you are in Southern Ontario.

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