Why Mediation

 

Why Mediation

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When couples separate and need to address issues relating to children, assets, etc. they have the option of making a court application or utilizing the services of a family mediator.  A lawyer led contested divorce proceeding in the court system is often adversarial, whereby each spouse takes a "position" in their stance and relies on their lawyer to advocate.  Contested divorce proceedings in the court system often last years and can cost tens and even hundreds of thousands of dollars. 

 

Whereas, family mediation utilizes a trained family mediator that will facilitate a conversation between the spouses through a process of actively listening to clues in the emotions behind the words used or said by either spouse.  Uncovering the underlying motivation for the words used or actions taken by a spouse is at the core of the family mediators role.  Accredited family mediators are fully trained in mediation skillsets, basic family law rules, and to prepare financial statements pertaining to equalization.          

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An important role of the family mediator is to remain neutral and non-judgmental of either mediating party.  At the onset of the family mediation process, the family mediator wills screen each spouse to ensure they are not subject to duress or any influence that would cause risk to their, or their children's well-being or safety.  

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The mediation process is completely voluntary and either party may opt out at any time at their sole discretion.  Arguably, an important element of family mediation is the fact that the parties have complete self-determination of their matter.  A judge in the court system will apply case law to a set of facts, whereas a separating couple in family mediation may craft their own resolution on their terms, at their own pace, and usually at a small fraction of the cost of litigation.  Province wide, according to the Ministry of the Attorney General, approximately 3 out of 4 family mediations are either partially or entirely successful. 

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