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"What is divorce mediation?"
Divorce mediation is where you and your spouse, together with a mediator, discuss the issues raised by your separation or divorce, such as child custody, support and property division, to reach a resolution of these issues. The divorce mediator is a neutral third party who helps you and your spouse work towards a reasonable solution. For instance, during a divorce mediation, you, your spouse and the mediator might meet once a week for an hour or two over the course of a month to discuss and resolve the issues of child custody, child support, spousal support and property division.
"How successful is divorce mediation?"
Divorce mediation is often very successful, especially for resolving disputes about child custody and access. I have seen couples that I thought would be fighting all the way to the Supreme Court of Canada manage to settle their differences after just a few sessions.
"How can mediation reduce the pain and expense of my divorce?"
- Divorce mediation is quicker and cheaper than the legal system.
- You and your former spouse shape the final decision, rather than having an outside third party (the judge) hurriedly fashion a settlement.
- People are more likely to stick to a mediated agreement which they have been involved in shaping, rather than an agreement imposed upon them by the court.
- Divorce mediation is less adversarial than the legal system.
- Divorce mediation leads to more flexible decisions than the legal system.
- Divorce mediation is confidential, which can be important given the private emotional and financial issues involved in a divorce.
- Your relationship with your former spouse will be better if you use divorce mediation, which is especially important if you have children.
You can still go to court. Normally, after a session or two of mediation, the mediator will be able to tell you whether he or she believes that the mediation will be productive. Everything that happens in the mediation is confidential, so the court will never find out about what was discussed in mediation.
HOW WE CAN HELP YOUSuccessful Mediation
Behrendt Law Chambers represented a client who was still able to communicate well with his wife when they separated. We recommended that he and his wife pursue mediation, which they chose to do. Throughout the mediation, We took a proactive role to ensure that he understood the law and helped him prepare for the mediation sessions. At the end of the mediation, We ensured that he understood and was satisfied with the agreement reached with his wife. We resolved tax issues and effected the transfer of the real estate.