skip to Main Content

Traditional Divorce vs. Mediation

collaborativeTraditional Divorce or Mediation?

Many couples are not fully aware of their options for divorce in Alberta. others are aware, but are not sure if traditional divorce is right for them, or if alternative routes such as mediation or arbitration may be better fitting for their situation. Traditional divorce involves arguments, battles for rights and judges making decisions that affect the lives of entire families. In a litigated divorce, once-loving partners can become bitter rivals focused only upon themselves. This method of divorce is not only unhealthy, it is outdated. Approaching a divorce from a cooperative stance is a far superior means of dissolving a union. More attorneys are recommending this approach every day. Here are some of the benefits of collaborative divorce.

Maintaining a Partnership During Divorce

One of the most important advantages of collaboration is that you maintain your partnership. This can be vital in cases where there are shared assets such as a business, or where children are involved. In the case of custody rights, your children need to view you as putting them first and presenting a unified front as parents, even if your romantic association is ending. A collaborative divorce allows the kids to see you working together to sort out your differences, and this makes all the difference in the world.

Private Beneficial Resolution with Mediation

A non-adversarial divorce like collaboration or mediation allows parties to sit down in private and hash out the details as are best for them. In a litigated process, a judge makes the final call, and this may not be the most advantageous result for either partner. By talking out your differences and allowing for compromise, a result can be obtained that is near-ideal for everyone involved.

In addition, this sort of divorce protects your privacy. Nobody needs to go through your emails, phone records or social media accounts because there is no combat involved. When no one needs to gain an upper hand, no one needs to be hurt. Protection of privacy is almost always preferred.

Cost Savings with Divorce Mediation

Litigation costs a lot of money. Not only are there attorney fees, but there are court fees, document filing fees and the potential to lose money in the proceedings themselves. Approaching the split from the standpoint of collaboration allows parties to save money across the board.

Mediation Can Be Faster and Less Stressful

Working together can be much faster than fighting it out in court. You both come together, are able to see each other’s point of view without outside interference and do so in a place of your choosing. If you both have a favorite café, it can be much nicer and less stressful to meet there than in a corporate office.

In a mediation process, you both can remain more relaxed and maintain a greater degree of control over how your separation works out. Signing a legally binding agreement upon which you both have agreed is far preferable than having one adjudicated by the courts.

If you have any questions about the process of collaborative divorce, we can help. Connect with our expert team of mediators today to learn more about mediation and if it may a fit for you. Get started with Jones Divorce Mediation Inc. by booking a complimentary consultation.