Ontario Oakville

Ontario Oakville.ca

Divorce Mediation – An Alternative to Divorce Court

Posted by samanthas on July 25, 2012 in Home Living Tips, Oakville Ontario Services with No Comments


Divorce mediation is an alternative to going through the court process, which can be lengthy, costly and stressful.  The time you spend preparing documents for court is time away from your job and family.   Scheduling conflicts between litigants and courts can cause expensive delays.  You pay for each hour your lawyer spends waiting, even if no progress is made on your case.  Seeing your spouse in court can be draining – physically and emotionally.

Courts are adversarial in nature and encourage combat, which negatively affects your family dynamic when the legal proceedings are over.  People feel out of control in court and outcomes are unpredictable.  You may have to make important decisions about settlements in just a few seconds in a crowded hallway.  There may be only a few minutes to present your case to the judge.  The anticipation waiting for the court order is stressful, and you may not be happy with the outcome.  You may feel as if the judge didn’t read your papers or listen to your lawyer.  Yet the court’s order stands and can turn your world upside down.

Divorce mediation is an alternative to standing before a judge in court.  It is a problem solving approach to separation and divorce involving a divorce mediation lawyer.  The goal is for the spouses to work as a team towards finding the right settlement for themselves and their children.  The parties and the mediator sign a Mediation Agreement which outlines the way all the issues will be worked out.  With support from the mediator, the participants identify issues that need to be resolved and options for resolving them.  In mediation, you determine the issues and schedule.  You make the decisions that you will have to live with.  You have the flexibility in taking time consider how these decisions will affect your family in the long term.  The process is generally faster than going to court.  You also control the cost, which is significantly lower than going to court.  Mediation is emotionally healthier for you and your family – the focus is communicating better, which is especially important if children are involved.

There are many issues that arise on separation, including: how the parties determine the value of their assets and debts and how to divide those (division of property); where the children will live and on what schedule (custody and access); how parents will support the children (child support); and how parents will support themselves and each other (spousal support).  Sometimes there are also businesses and pensions that need considering.  It is important that parties have a basic understanding of 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 mediator’s role is to be neutral and help the parties find a solution they can both agree to.  Mediation is generally a more positive and predictable process than adversarial strategies.  Unlike judges and arbitrators, mediators do not impose settlements or make decisions on cases.  Mediators merely support the spouses and facilitate the process. They are trained professionals who help diffuse emotional tension between the two spouses and direct the focus to reaching an agreement.

After agreement is reached, usually the mediator prepares a Memorandum of Understanding, which parties then take to their respective lawyers, who can make last minute revisions, if necessary.  If parties cannot reach agreement with the help of a mediator, they will need a judge or an arbitrator to decide.

 

Share