What to Expect with Mediation in Divorce Cases
Divorce can be a challenging process in terms of both emotional stress and the legal intricacies that will occur. Mediation has become a common and useful tool in Ontario and in Canada. Mediation can help couples and individuals navigate the divorce period, so this process is more amicable and cost-effective.
Unlike traditional divorce proceedings, mediation is a voluntary process between both parties and a third party – known as the mediator. The mediator assists the couple in resolving any of their issues such as:
- Separation,
- Child Custody,
- Property Division, and
- Spousal Support.
Why is Mediation better than Litigation?
There are several benefits of mediation in divorce cases. The first of which is the fostering of communication and cooperation. Decisions that are made through litigation usually nurture an adversarial relationship between the parties. It is an emotionally draining process that creates solutions that may be unfair or unjust to either or both parties.
Mediation allows the couple to take control of the decisions. It allows them to come to mutually acceptable agreements through communication. It encourages both parties to have a working and healthy relationship during and after the divorce proceedings. This also benefits the well-being of any children that may be involved.
The other key benefit of mediation in divorce cases is cost. Litigation or family arbitration can be expensive with legal fees and long timelines. Mediation is typically more efficient, usually taking fewer sessions for a couple to resolve their issues. This reduced timeline saves money and reduces the emotional impact on everyone.
Are There Any Cons to Mediation?
Although we at Epstein Lawyers would recommend trying mediation before going through the litigation process, there are some cons when it comes to mediation in divorce cases.
- Lack of Legality: When going through mediation, there are no lawyers involved. The mediators will facilitate discussion but do not offer legal advice. This can be a problem if one party is not aware of their legal rights or if one party has more knowledge or resources than the other.
- Non-Binding Outcomes: Even if an agreement is reached in family mediation, there are no guarantees that it will be upheld. Agreements reached in mediation must still be formalized and approved to become legally binding. There is a possibility that one party refuses to follow through, in which case more legal steps are required. There is also the possibility that a couple cannot reach an agreement and they have to go to court.
- Mediation Might not Always be Effective: There may be a few situations where mediation in divorce cases is not a suitable tool. Here are a couple of reasons mediation might not work:
- If there is domestic abuse or an unfair power dynamic in the relationship.
- There are already complex financial or legal aspects to the relationship. In these cases, mediation might not provide the expertise that is required to resolve the solution.
- The relationship between the individuals may be too far gone or they are too divided on important issues. In this case, mediation would simply fail.
What Topics Can and Can’t Be Resolved in Mediation
Mediation can be an effective tool in resolving certain, but not all, issues related to a divorce. The following are issues that mediation can resolve:
- Dividing Property and Assets: Mediation can help determine the division of any marital property such as homes and land, savings accounts, retirement plans, and investments.
- Debt Allocation: Mediation can help a couple determine how they will divide their joint debts that were accrued during the marriage. This includes mortgages, credit card balances, student loans or other obligations.
- Child Custody and Child Support: Mediation can help parents decide their custody schedule and any decisions about the child’s welfare. It can also determine the financial contribution of each parent for the child.
With the lack of legal representation, there are issues mediation cannot resolve. Here is a list of some of those issues.
- Divorce Decree: Only the legal system has jurisdiction to dissolve a marriage.
- Criminal Involvement: If any criminal activity took place during the marriage, those matters cannot be resolved in mediation.
- Future Changes: Mediation can only resolve current issues. If circumstances change, a new mediation or legal process may be needed in order to modify prior agreements.
Navigating divorce can be challenging, but Mediation in Divorce Cases offers a more amicable and cost-effective solution for many families. By working together through mediation, you can reduce conflict and reach mutually beneficial agreements without the stress of a lengthy court battle.
Epstein Lawyers are here to support the process and make it as easy as possible for you and your family. Contact us today to discuss how we can guide you through mediation and help you achieve a smoother, more peaceful resolution.