What Are the Advantages of Divorce Mediation? (Part II)
There are several options for couples to divorce in Alberta, including traditional divorce (which generally involves litigation or the legal system), divorce mediation, arbitration, or mediation with arbitration. Jones Divorce Mediation Inc. specializes in divorce mediation and arbitration with a philosophy of working collaboratively with couple and families to create a positive path forward and ultimate resolution.
Benefits of Divorce Mediation
In our last post, we outlined several advantages of mediation for divorce. You can view this post here. Following are the remaining advances of utilizing divorce mediation to support your divorce. Generally speaking, mediation tends to result in a more customized, personal and cost-effective result as compared to other dispute resolution methods. Here are a few more benefits of divorce mediation:
Mediation sessions are private, as are the communications, documentation and notes made in the course of mediation. Litigation involves court appearances that are open to the public to attend and documentation and evidence also are a matter of public record, accessible by anyone.
Mediators can agree to go as quickly or as slowly as both parties wish, depending on your needs. Mediators will work around your work and personal schedules. Litigation and court appearances are not nearly as flexible.
- Promotes Amicability
Mediation involves parties gaining an increased understanding of each other, learning and practicing skills to improve communication and diminish conflict. This promotes the preservation of the relationship, which can be invaluable to parties who will be co-parenting for years to come. In stark contrast, litigation is, by its very nature, adversarial. Parties often resort to giving evidence outlining the opposing partiesâ€™ negative characteristics and damaging history in order to win. The general by-product of traditional litigation is to create an environment which divides and polarizes parties and fosters continued conflict.
- Protects Children from Conflict
One of the greatest indicators of how well children will be able to cope with separation is the extent to which they are exposed to conflict between their parents. The increased animosity resulting from traditional litigation is difficult to hide from children and therefore increases the risk of long term harm to the children. In contrast, by promoting effective communication, cooperation and understanding through mediation, parties are better able to reduce the conflict between them and learn to effectively co-parent into the future for the benefit of their children.
In mediation, parties use the same professional through the entire process. As a result, following the initial sessions, the mediator is personally familiar with the parties, their family circumstances, the details of their property, personal dynamics, specific challenges, etc.. During traditional litigation, parties generally attend court multiple times and before a variety of Justices, each of whom has varying perspectives and approaches. Many interim applications involve Justices making decisions based on an incomplete information regarding the family circumstances due to the limited time litigants are permitted to present their case. The result is that court decisions sometimes lack consistency.
Mediated solutions result in a high level of compliance by the parties because the resolution was arrived at jointly and is mutually agreeable. Quite simply, parties are more likely to abide by a harmonious agreement than a decision that is imposed on them in a litigation setting. Similarly, parties are less likely to seek to change a settlement that they personally developed. Additionally, in the event disputes arise in the future, parties are more likely to resolve matters by agreement and can return to their mediator for future assistance, if required.
Parties are supported and encouraged to think outside the box to find a unique and customized solution which addresses their interests, meets their needs and accomplishes their goals. Through the support and assistance of the mediator, parties can gain valuable communication skills, an appreciation of the other party’s point of view and a better understanding of their personal and family dynamics. These skills and insights assist parties to maintain and improve their relationship into the future.
- Mutual Agreement
A mediated resolution is not achieved until both parties are able to say yes to a resolution developed through the mediation process. Neither party, nor the mediator, can impose a decision on either party. The result is a mutually agreed solution which has the added benefit of preserving a working relationship between the parties.
Benefit from our Experience
With Jones Divorce Mediation Inc., you can be confident that you are in good hands. The professional with whom you will be working has a law degree, additional training in conflict resolution, mediation and/or arbitration and many years of experience practicing law exclusively in the areas of family and divorce law. As a result, clients can feel confident in the information being provided, allowing them to make informed, sound decisions to achieve the best solution for themselves and their family.
Let’s get started – book a complimentary consultation to meet in-person with a member of our team. We can further discuss the benefits of mediation and the specifics of your unique situation. Click here to book your consultation. Do you have other questions? Connect with our team here.
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.