One of our duties as lawyers is to educate clients about alternative dispute resolutions. This obligation is mandated by the Alberta Family Law Act and the Canada Divorce Act. At Jones Divorce & Family Law we aim to minimize the emotional and financial strain of your divorce through alternative processes such as mediation and arbitration.
Can Mediation Work in High Conflict Cases?
Mediation is an entirely optional process which can really assist clients in regaining a sense of control over their situation and the outcome. The benefit to an optional process is that generally, each party shows up willing to commit to resolving the issues at hand in the most productive manner possible. As well, a skilled mediator can greatly assist in complex matters, including difficult parties or legal counsel. A skilled mediator can assist clients in reaching resolutions they might not even known were possible by showing the big picture and not allowing insignificant details to bog down decision making.
Why Does Meditation Work
A big part of why mediation works so well is that parties come face to face in a neutral environment. Getting together in a shared space can really assist parties in committing to finding solutions and reaching resolutions. In the typical process, wherein legal counsel send correspondence back and forth, momentum can be lost, or communications can become misinterpreted. When parties are face-to-face, they can easily hash out situations and not get held up by small details. As well, when parties are face-to-face it is easier for them to share their goals and ideal outcomes of the process and ultimately, it humanizes the situation.
What to Look For In a Mediator
If you currently have counsel, it’s a good idea to ask them who they recommend using for mediation. This is because family law lawyers work with many mediators and have a good sense of who will work best in certain situations. For example, some parties will require a mediator with a strong personality who can ensure the mediation is run efficiently while other situations may require a much more passive approach. It is also important to find a legally trained mediator. Essentially, anyone can claim to be a mediator but you want to ensure the mediator you select should have extensive knowledge of family law to ensure they provide the best service for you.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.