Mediation
There’s no doubt that separation and divorce are hard on everyone, regardless of your specific circumstances. Tensions are high and stress builds with each passing day. That’s why we’re here to offer a better, easier resolution. Divorce mediation in Calgary is a legally binding process that helps couples come to an agreement out of court. This saves time, and money, and is often much better all around.
Family Mediation Calgary
Family separation is a process by which a separating or divorcing couple reaches a resolution with the help of an official mediator. This can be a family law lawyer or someone who is specially trained in this area. Either way, they assist with conflict resolution, help you improve communication, and ultimately get you to a place you’re both happy with.
Your mediation sessions will cover topics such as:
- Custody
- Visitation rights
- Child support
- Spousal support
- Property division
- Debt
- Any other issue you wish to bring up
Although these sessions take place outside of the courts, the resulting agreement is legally binding. Divorce mediation is preferable in most situations as it’s faster for everyone. It’s so preferable, in fact, that under Canadian law, lawyers must offer mediation as an option before taking their clients to court.
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Mediation
Why Divorce Mediation?
Going through a divorce is stressful, tiresome, overwhelming, and emotionally taxing. While it’s never going to be completely perfect and easy, Separate Simply is here to guide you and alleviate as much stress and as many complications as possible.
Choosing a mediation process over the court is almost always better and easier, for so many reasons:
- It’s cheaper all around. Not only do you stay out of the courtroom but you don’t need separate lawyers. You’ll work with one of our family mediators whose main goal is to reach a fair agreement.
- It saves time. Court battles can take years, and yet there are some instances where all issues are resolved in a single mediation session.
- Happier kids. Divorce is hard on kids, and things like fighting and tension among their families make it worse. By choosing mediation, you reduce these things. You can focus effectively on co-parenting and creating healthy parenting plans.
- Better results. In the court, the judge has the final say. Too often, this leaves one parent unhappy with the ruling. With family mediation, the results are a compilation of everyone’s wants and needs, and nothing is legally binding until it’s agreed upon.
- Higher compliance. Lastly, agreements resulting from mediation are easier to manage because both parties got onto the same page. There is far less likelihood of the agreement being broken – which would only create more headaches.
When to Avoid Mediation
While the mediation process is ideal most of the time, this is not always the case. First of all, successful mediation requires that both parties be invested in the process and the outcome. Honestly is paramount at all times. If you’re lying about anything, casting false accusations, or even hiding assets – you won’t reach the right resolution.
Similarly, you must have an open mind and be willing to compromise. You won’t reach an agreement until both parties get on the same page, so everyone must be civil and agreeable.
Lastly, there may be safety concerns to consider. If there is a history of abuse, meeting in person may not be appropriate. If there is any threat of harm or violence or any other form of severe hostility, mediation will be difficult and likely fruitless.
Simplify the Process Today
It’s normal to feel overwhelmed and stressed when navigating a divorce. This is why we’re here to help you figure things out and keep it all simple, civil, and agreeable.
Our divorce mediation services will connect you with a compassionate and trained professional who is well-versed in family law. They’ll work with you tirelessly to reach a fair and reasonable agreement that both parties are happy with! Don’t hesitate to reach out today with any questions.
FREQUENTLY ASKED QUESTIONS
While mediation is the preferred method for many people including lawyers and judges, that doesn’t mean it’s always a walk in the park. Working with a mediator means that no judge has the final say, and nothing is set in stone until it’s agreed upon. This tends to produce more amicable results, however, it does make it difficult to resolve an issue where neither party wants to budge. In addition, mediators aren’t there to give legal advice or help either party gain favour over the other. If there is too much tension to come to an agreement, mediation may not work for you.
Once everything is agreed upon and signed, separation and divorce mediation do result in a legally binding agreement. This means both parties are required to adhere to all rules, agreements, and boundaries that were laid out. However, you can move to make changes to the agreement if you wish, by filing a motion. A simple motion to change means both parties do not agree on the change, whereas a consent motion to change means that both parties have already agreed to the suggested change. Lastly, you can also file a consent motion to change child support, which pertains to child support only.
No, mediation doesn’t require both parties to be in the same room at all times. If, for whatever reason, it’s not an option you can work out of separate rooms with the mediator going back and forth. While this takes more time than sitting in a room together, it can still be a better option than going to court if you’re looking to save money and achieve faster results. However, if you’re unable to be in the same room, it’s extra important that you come into mediation with an open and willing mind. Even if things are extremely complex or difficult, you still have to come to a mutual agreement for divorce mediation to be successful and allow you to avoid court.