A mediated divorce presents a strong and valid option for couples who want to maintain greater control over their separation process and decisions, and work together to overcome much of the anger and resentment that comes with divorce. However, for some couples, mediation alone is not possible. There can be too much emotion in the way. For such couples, a combination of arbitration and mediation can be a suitable alternate approach. Here is a look at how and when divorce mediation/arbitration can help you get through your separation.
The Mediation Process
The first step in any divorce that wishes to avoid court adjudication should be mediation. The idea behind a mediated divorce is to help the couple get through their anger and conflict, and work out their differences as a team. It can not only allow you to make the best decisions for your family, but can help overcome bitterness and resentment and sometimes salvage a degree of respect between the partners.
Sometimes, however, the anger and blame are just too great, and you need something more formal to work out your differences. In such cases, arbitration may be the next suitable step.
What is Divorce Mediation/Arbitration?
Arbitration is somewhat more adversarial than mediation, but still avoids the kind of bitter battles that often erupt through a court-adjudicated divorce. It is less formal than a court divorce and is conducted in a conference room using a neutral third-party arbitrator.
Decisions issued by the arbitrator are legally binding but can be reviewed and revised over time. This is especially true in cases of child support and child custody. As parents situations and circumstances change, the need for shared custody and support may also change.
Advantages of Arbitration
One advantage to arbitrated divorce is that it maintains an informal sense about it, often leading to couples to feel they got a better, more fair result. This means that even though the process is more adversarial than mediation, couples are more likely to accept and abide by the terms delivered than many are through court-adjudicated divorces.
In addition, the arbitration process is much faster than a court divorce, and maintains the couples privacy. A court divorce is a matter of public record and all kinds of “dirty laundry” and secrets can be aired. This is not a concern with arbitration, where your private details remains your own. Arbitration can also save money, often being less expensive than a court case, and allows you to take exactly the time you need to resolve your differences to your satisfaction.
Calgary Divorce Mediation
If you are facing divorce and looking for a means by which you can resolve your split without the interference of the courts, a professional divorce mediator and arbitrator can make all the difference in the world. At Jones Divorce Mediation Inc., we have decades of combined experience and expertise in the field of family dispute resolution. For more information, answers to any questions you might have, or to schedule a complimentary consultation, connect with our team today.
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.