During divorce and separation, mediation is one process that can be used to help resolve outstanding matters. Mediation is available for issues such as:
- Division of Property
- Child Custody and Access
- Child Support
- Spousal Support
- Disposal of Marital Home
Mediation is beneficial in cases where both spouses are willing to attempt to resolve outstanding matters amicably. Even if the couple is not on speaking terms, but willing to negotiate through their respective Toronto divorce lawyers and a third party (mediator), mediation could still be a viable solution.
Each spouse does not have to be in the same room with each other during the process. They can be in separate rooms if necessary. Their wishes and preferences are communicated through their respective divorce lawyers to the mediator and each other.
Should there still be outstanding issues after the mediation processes, the next step is to either use arbitration or commence litigation in court. In both processes, the decisions of the arbitrator or judge are binding and final.
Due to the unique circumstances that arise during separation and divorce, mediation is not always possible for every situation. At Davies Divorce Law Firm, we will work with you to determine if mediation could be beneficial to use to resolve your outstanding maters. If it is not, we will discuss what other options are available.
One of the primary benefits of mediation is if you have unresolved issues afterward, you can keep the same Toronto mediation lawyer for either arbitration or litigation in court. This is different from a collaborative separation and divorce proceeding.
Our Toronto mediation lawyer is present throughout the process to provide advice and help guide you. If completely successful, the mediation process will result in drafting the final divorce and separation agreement.
Other benefits of using mediation include:
- The process is less time-consuming and expensive than litigation.
- You can choose your own mediation date.
- Since both parties are involved in the decision making, they have an equal say in how issues are resolved while at the same time, protect their interests and needs.
- There is greater flexibility and the option to develop creative solutions to resolve matters since an arbitrator or judge is not involved.
- You are able to speak to the mediator directly regarding your concerns. Ultimately you can settle if you feel a resolution is appropriate, or walk away if it is not.
Mediation can have drawbacks if the couple is not open to negotiating to reach an agreement. There can also be an imbalance in assets, finances, and other areas. As such, one spouse may attempt to use this to their advantage.
Another issue that arises is any information discovered during mediation could possibly be used against the other spouse later in court. Although normally, any recommendations and comments made during the mediation process, itself, cannot be used in court.
If you and your spouse are open and willing to resolve matters, mediation could be the right choice for your divorce and separation proceeding. For further information about the mediation process and other options for resolving outstanding issues, please feel free to contact our Toronto family law firm to schedule a consultation today.