Advantages of Mediation in Divorce
If you are going through or considering separation in Alberta, divorce mediation is one of several dispute resolutions available to you. There are several distinct advantages of meditation as compared to divorce litigation. It is important to bear in mind that each family situation is unique – we suggest starting out with a complimentary consultation to learn more about all of the options available to you. Divorce is not simple – it is important that you understand your options and work with a professional team to support you in the process.
Read Part II of this article here.
What are the advantages of divorce mediation as compared to traditional divorce?
- Customized Solution
The ability to be creative and work together to come up with a mutually agreeable solution is one of the most significant advantages of mediation. Parties are able to think outside the box and are not confined to solutions which could otherwise be imposed by a judge.
In a mediation, the decision making rests with the parties. The parties retain the final say over the terms of their agreement, so there is no agreement without each party saying â€œyesâ€ to its terms.
A solution achieved through mediation is efficient. Generally, a mediated settlement is reached within seven settlement meetings, or between three weeks and three months, as opposed to the multi-year process that can be involved involved with traditional litigation. Achieving a solution in a timely manner reduces conflict, stress, anxiety and cost.
- Mediation is far less time consuming than litigation. Traditional court channels typically take months and even years to navigate, whereas mediation is generally completed within seven sessions. When legal fees are based on the amount of time spent on a file, it is not surprising that litigation becomes so costly.
- Mediation allows parties the opportunity to employ one professional who is dedicated to helping the parties reach a harmonious resolution instead of each party paying for their own professionals.
- Lawyers charge for the back and forth correspondence between them, for financial disclosure to be exchanged, numerous pleadings to be prepared and filed, and court appearances where they often spend time waiting in court before a matter is heard, for which they bill that time. Side-stepping traditional litigation by opting for mediation will reduce your cost because lawyers are largely removed from the equation.
- Parties are much more likely to abide by the terms of a resolution they have helped to create than they are to a resolution imposed on them by a judge. The result is that expenses are further reduced because lawyers do not typically need to be employed to enforce the terms of mediated solutions, despite mediated agreements being fully enforceable by the court.
- Personal Attention
Mediation sessions allow parties to speak and be heard. Parties work with the mediator to generate and evaluate resolution options, seeking to achieve an outcome that meets both partiesâ€™ needs and goals.
There are seven other benefits to divorce mediation that we’ll share with you in our next post. In the meantime, if you have questions about your divorce and the options available to you, connect with our team to set up a complimentary consultation. We can discuss your options in a confidential, professional setting to assist you with determining your best path forward.