Mediation
Divorce may be hard, but it doesn’t have to be messy! Even if your situation is complicated, there are ways to make the divorce process easier for everyone. With good divorce and family mediation in Vancouver, you’ll reduce your stress and your costs, and you’ll often see better results.
Is Divorce Mediation Right for You?
While family mediation is worth a shot in almost any circumstance, there are some things to consider before pursuing it:
- Honesty. Both parties must be willing to be open and honest about absolutely everything. Hiding assets or making false accusations won’t result in success.
- Compromise. Both parties must be willing to compromise, at least to some degree, in order to come to a mutually agreeable resolution.
- Safety. In cases of severe abuse or serious threats, in-person mediation is likely not appropriate.
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Mediation
What is Divorce Mediation?
Divorce mediation is still a legal process that forms a binding agreement, but it’s done outside of court. Often performed by a family law lawyer, terms are agreed upon through discussion and negotiation from both sides rather than in front of a judge.
It’s so heavily preferred in fact, that Canadian law requires lawyers to inform their clients of the availability of divorce mediation.
While each family mediation is unique and customized to each couple, there are a few main things you can expect to cover when going through the mediation process:
- Property division
- Debts
- Child custody
- Visitation rights
- Child support
- Spousal support
Tensions can be high after a separation, and these topics can be tough for each spouse to talk about. It’s sometimes even tougher to be objective and dispassionate. This is where a specially trained mediator will provide legal advice, settle disputes, and help find a reasonable resolution for any issues.
Family Mediation Benefits
When people think of a complicated separation or divorce, they often picture a courtroom and assume this is where things must be discussed. While divorce terms and legal issues can definitely be settled in court, divorce mediation is often a better way for many reasons.
- The solution is customized. With divorce mediation in Vancouver, you’re able to come up with any resolution or situation you want, as long as each spouse agrees. In court, you are subject to stricter applications of the law and the judge has the final say.
- It’s faster. Family mediation tends to resolve family law issues faster than court proceedings for many reasons. Be done in as little as a few hours or perhaps a few weeks, versus the years it can take to move through the court system.
- It’s private. Divorce mediation is private and confidential, whereas court appearances are public and documentation goes into the public record.
- Better for the children. Mediation helps parents achieve effective communication and collaboration while bringing them to an agreeable resolution. Bitterness and conflict between parents aren’t healthy for the children, and a positive process promotes more successful co-parenting in the future.
- Higher compliance. Resolutions and agreements reached through effective mediation are more often adhered to since both parties agreed to all terms.
- With divorce mediation, you always meet with the same family law mediator, rather than whatever judge happens to be available on the day of court. This means your mediator is familiar with your family law case and can offer the best advice and create informed resolutions.
Get Started Today
It’s normal to be stressed and overwhelmed when it comes to divorce, separation, and all related complications. We’re here to help by simplifying the process and alleviating your anxiety. Reach out today to learn more about our services and get a quote!
FREQUENTLY ASKED QUESTIONS
The final cost will depend on several factors, but mediation tends to cost up to $9000 on average. This may be much less if there isn’t much to talk about, or more if there are multiple disputes to settle. Either way, you’re still saving money versus going to court as a trial could cost upwards of $25,000, or more. How much meditation costs, in the end, depends on various factors? This includes how many sessions you need, how long each session is, and ultimately how long it takes to come to an agreement.
This depends largely on a few main factors: how long your sessions are, how many sessions you need, and how frequently you can meet. On average, sessions can range from one to four hours, depending on availability and how long the couple is able to talk. Most mediation cases require a handful of sessions to come to an agreement. Sessions can happen as often as weekly, or further apart if necessary. If couples are quite agreeable and don’t have much to settle, it’s possible that only one session is needed, though this is rare. Overall, most cases are settled in about three weeks. Even if it takes longer than average, it’s often nothing compared to the months or even years you’ll spend in court!
Separation and divorce mediation is different from the court, and often much easier, but the result is ultimately the same. Once you agree on the terms and everything is signed, the agreement becomes legally binding – just as a court order would be. This means that both parties are legally obliged to adhere to whatever terms were agreed upon regarding finances, children, etc. It’s not impossible to later change the agreement, but this would require further time spent meditating. To begin the process, you must file a motion to change. There are different motions based on the circumstances, for example, whether or not both parties agree to the proposed amendment. Changing a written agreement may require a court appearance.