Mediation is one process used to help resolve outstanding matters during divorce and separation, such as the division of property. This process may also be used to address issues regarding child custody and access, child support, and spousal support.

Mediation is beneficial for couples who are willing to resolve matters in an amicable manner. Even if the couple is not currently speaking directly to each other, if they are willing to communicate through their divorce lawyers snd a third party, mediation could be possible.

Each party does not have to be present in the same room during the process. Rather, their respective lawyers can be used to express each person’s preference to the mediator and each other.

In the event there are still outstanding issues after mediation, the next step is either to request that the mediator serve as arbitrator, or to litigate matters in court in front of a judge. In both cases, the decisions of the arbitrator or judge are finaland binding.

If you choose mediation initially, and you need to have unresolved issues decided by an arbitrator or litigated in court, you are able to keep the same lawyer, which is different from a collaborative divorce and separation process.

Mediation is not possible for everyone, due to their own unique circumstances. At Davies Divorce Law Firm, we work with you to determine the most appropriate methods to use to resolve outstanding matters in your divorce and separation and whether mediation would be the right choice for you.

Using mediation to resolve outstanding matters does have several benefits both for you and the other party. Our Ottawa mediation lawyer will be present to provide advice and guide you on making decisions, as well as draft the final divorce and separation agreement.
Other benefits could include:

• Mediation is less expensive and time-consuming than a litigated divorce proceeding.
• Both parties have a say in how issues are resolved and can develop an agreement that suits their respective needs and interests.
• There is no involvement by an arbitrator or judge, so there is flexibility and the option to be creative to resolve matters.

Although, mediation does have its own drawbacks if the couple is not willing to negotiate to reach an agreement. If there is an imbalance in finances, assets, or other areas, one party may attempt to use this to their advantage. Another concern is the knowledge discovered during mediation could potentially be used against the other party during litigation in court, although normally, the comments and recommendations made during the mediation itself cannot be used in court.

If you and your spouse are open to resolving matters on your own, then mediation could be the right course of action to take to reach a mutually beneficial divorce and settlement agreement. To learn more about the mediation process and your other options for resolving outstanding issues, please feel free to contact our Ottawa law firm at (613) 688-0462 to schedule a consultation today.