Family Law Mediator Ontario – Helping Dissolve Marriages Amicably
Family Law Mediation – An Alternative Solution When Dissolving a Marriage
If you are considering divorce, but are uneasy about the idea of having your divorce matters dragged through the courts only to have a judge make all the ultimate decisions, than perhaps divorce law mediation is right for you. Mediation is a great alternative to typical separation and divorce proceedings brought through the courts, as it gives the divorcing spouses the opportunity to end their marriage with more control over the outcome in the terms of the separation agreement.
What is Family Law Mediation?
This voluntary process involves the assistance of a family law mediator to help resolve issues involved with the divorce process. This is a good option for those who are looking for more of a problem solving approach to the issues that arise on separation. Rather than settling matters in court, mediation can provide an alternative to resolving differences and finding a better settlement for the spouses and their children.
The parties involved generally sign a Mediation Agreement which binds them to the process at hand. A family law mediator will help to identify the issues involved that require resolution, which ultimately facilitates a diffusion of emotional tension among the parties involved. Issues are kept private and confidential without having to involve unnecessary parties to intervene. Rather than focusing on negativity, the focus is honed in on reaching an agreement with the help of the mediator.
Matters and issues that can be resolved in a mediation process are the same as those that are handled in court, such as:
- Child support
- Child custody
- Dividing property
- Dividing business partnerships
- Dividing capital and assets
Finding the Right Family Law Mediator
If you are looking for an alternative to court to end your marriage, then consider mediation. To begin, you’ll need the assistance of an experienced mediator who is usually a divorce lawyer specially trained in mediation to resolve issues involved in the separation process. Diane Daly is one such experienced divorce mediator in Oakville who has over 20 years of experience helping couples go through the divorce process with integrity and dignity. She helps helping children and other family members move on to a better tomorrow with agreements that all parties can live with.
When you are considering divorce, call Diane and her team to today and dissolve your marriage using an alternative method to divorce court. Her team also offers negotiation, arbitration and Collaborative Family Law. Learn more by visiting her website at: www.oakvillelaw.ca, or call (905) 844-5883 if you are in the Greater Toronto – Greater Hamilton area.
What Is A Divorce Mediator?
A divorce mediator is a neutral third party who helps spouses through their divorce using the divorce mediation process. 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 mediator specially trained to help them reach a separation agreement.
The goal is for the spouses to work as a team towards finding the right settlements for themselves and their children. With support from the divorce mediator, the participants identify issues that need to be resolved and options for resolving them. 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 to be taken into consideration. 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, and they agree to fully participate in the mediation process.
Divorce mediation offers more control and flexibility to spouses than going to court does. The spouses have the flexibility in taking time to consider how all the decisions will affect their family in the long term. They shape the final decision, rather than having an outside party (i.e. judge) make the settlements. The divorce mediation process tends to also be quicker and cheaper than going to court.
Divorce mediation is confidential, which is important given the private emotional and financial issues involved in a divorce. Mediation is emotionally healthier and leads to better relationships in families after the separation. The focus is on communicating better, which is particularly crucial if children are involved.
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. Since the divorce mediator does not work for either spouse, they cannot give legal advice. The mediator’s role is to be neutral and help the parties find solutions 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.
Mediators are trained professionals who have strong backgrounds in psychology, social services and law. They help diffuse emotional tension between two spouses and direct the focus to reaching an agreement. After an 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 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 people who are motivated to negotiate a final settlement. Divorce mediation is not for every couple, and it is not for every situation. However, it has no drawbacks, and can help people save money, time and energy – not to mention the wear and tear on the family unit.
Benefits of a Divorce Mediator Ontario
Divorce is a very unpleasant and unsettling experience for anyone to have to go through. It can be made even worse when the parties involved can’t seem to negotiate and settle issues without getting heated and emotional. This is where divorce mediation can help. By allowing a third party into the negotiations and communications, the divorce process can be made as smooth as possible.
What is Divorce Mediation?
Divorce mediation is a process where the two divorcing spouses negotiate issues that need to be resolved for the separation agreement. A divorce mediator is a specially trained, neutral third party who will help the parties resolve issues such as real estate, finances, child custody, spousal support, and so forth. Mediation is done outside of divorce court, and eliminates the need of getting a judge involved who will ultimately decide the fate of all outstanding issues related to the marriage and divorce.
Often divorce mediation can reduce the emotions and stress involved during the dissolution of a marriage, which is a big advantage for all parties involved, especially the children. All parties will enter into a Mediation Agreement, which is completely confidential.
The goal of divorce mediation is to get the divorcing spouses to work together to determine the appropriate settlement for themselves and their children. The Mediator will facilitate this process to help the spouses come to an agreement on all issues without having to drag their divorce through the court system. This is a positive process, which helps to reduce emotional tension that may most likely exist between the divorcing couple.
Using a Reputable Divorce Mediator
Diane Daly is a divorce mediator in Oakville who strives to ensure that the children are put first in all divorce situations. Often, the kids get caught up and lost in the entire mess of the divorce, which can have serious emotional consequences for them, in addition to their parents. Diane strongly believes that agreements are best made amongst the parties involved, rather than having an outsider make the decisions for them. With the help of the Daly Law professional team, the divorce process is more respectful and dignified. Divorce mediation offers a better path for couples and families to move forward. Spouses are much better off and are better prepared as they dissolve their marriage amicably, and resume life on their own. Visit www.OakvilleLaw.ca for more information on settling separation issues outside of divorce court.
A Divorce Mediator: Neutral Third Party in Divorce
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.
About Ontario Oakville
Ontario Oakville Blog updates about local businesses, services, events and living in Oakville, Canada.