Mediation is a common form of Alternate Dispute Resolution that uses a neutral third party to help two parties negotiate a settlement. The mediator has no decision-making power. Their role is to provide information about the law and the legal process and guide the two parties to a resolution by exploring all the options available to them. Family law can be complicated so it is prudent to choose a mediator who has specialized training. However, a mediator does not necessarily have to be a lawyer. Mediation is effective for couples who are willing to compromise to find a settlement on such issues as dividing property, support payments and parenting conflicts. It is important to note that you cannot be forced into mediation. It is a voluntary decision both parties agree on.

Different Types of Mediation

Mediation can be less stressful, more private, faster and more cost-effective than going to court. It also gives you more control in the final outcome rather than having a judge render a decision. There are two different types of mediation to consider. In an open mediation, the process will not be private if you go to court. The mediator and the two sides will be able to discuss what happened during the mediation and all the documents can be shared in court. In a closed mediation, the process is private and confidential, which means documents and discussions are not shared in court. However, in limited circumstances a mediator is permitted to share information, such as instances where there are concerns about a child’s welfare.

Divorce Mediation Services

Divorce can be extremely stressful and it is important to get the best advice. The past is behind you and you need to make the best decisions for what lies ahead. If you are unable to reach a divorce settlement, allowing a court to decide your future can add to that stress. Mediation can be helpful in negotiating an agreement that works for both parties. Divorce proceedings can become heated, even for couples who remain amicable. Battles can exacerbate, especially with issues of monetary value or child-making decisions. Mediators work to maintain respectful, non-threatening communication in an effort to control the drama and find a settlement. Divorce mediation is private and confidential, as opposed to proceeding through the court system. A mediator cannot grant a divorce. That is up to a family court judge. However, once a settlement agreement has been reached it becomes binding and can be filed in court.

What You Can Expect in Divorce Mediation

When you decide on mediation it is important to determine if both sides are entering into the process voluntarily. There are cases where one partner has been subject to cruelty or abuse that can result in a fear of a power imbalance. Couples should be screened to ensure they are participating on their own free will. After agreeing on a mediator and giving them the pertinent information on your marriage and your issues, you will meet and the process will be explained to you. Mediation could be conducted in the same room or each side will have separate sessions. You will get your chance to offer a settlement and so will your ex-partner. It is then up to the mediator to try to find a compromise. The duration of mediation will depend on the parties’ willingness to find a compromise.

Get Help From Our Toronto Divorce Mediation Lawyers

Talk is cheap but sound advice can be invaluable. Failing to have a plan can have a long-lasting effect on your life. Simple Divorce offers an affordable alternative as you work through your issues, assisting our clients with separation agreements, prenuptial agreements and foreign divorce opinion letters. Our team of experienced divorce lawyers has a thorough understanding of the legal process and we believe in access to justice for everyone. We are committed to providing affordable rates and promise transparency in our divorce process.