Mediation Lounge
When couples separate and need to address issues relating to children, assets and so on, they have the option of making a court application or using the services of a family mediator. A lawyer-led contested divorce proceeding in the court system is often adversarial, with each spouse taking a “position” and relying on their lawyer to advocate for it. Contested divorce proceedings in the court system often last years and can cost tens or even hundreds of thousands of dollars.
Family mediation, by contrast, uses a trained family mediator who facilitates a conversation between the spouses by actively listening for clues in the emotions behind the words used by either spouse. Uncovering the underlying motivation for the words used or actions taken by a spouse is at the core of the family mediator’s role. Accredited family mediators are fully trained in mediation skills, basic family law rules, and preparing the financial statements pertaining to equalization.
An important role of the family mediator is to remain neutral and non-judgmental of either party. At the outset of the family mediation process, the family mediator will screen each spouse to ensure they are not subject to duress or any influence that would put their own, or their children’s, well-being or safety at risk.
The mediation process is completely voluntary, and either party may opt out at any time at their sole discretion. Arguably, an important element of family mediation is that the parties have complete self-determination over their matter. A judge in the court system will apply case law to a set of facts, whereas a separating couple in family mediation may craft their own resolution on their terms, at their own pace, and usually at a small fraction of the cost of litigation. Province-wide, according to the Ministry of the Attorney General, approximately 3 out of 4 family mediations are either partially or entirely successful.