What is family law mediation?

Published On: August 24, 2022Categories: Family Law Mediation

Family law mediation is a process through which divorcing or separated couples can attempt to resolve their differences amicably with the help of a neutral, third-party mediator. Mediation allows couples to maintain control over their own divorce or separation process, rather than having a judge impose his or her decisions on their family. The goal of mediation is to help couples reach an agreement on all aspects of their separation, including parenting, child support, property division, and spousal support. 

Mediation is not right for every couple, but it can be an effective way to amicably resolve disagreements without going to court. If you are considering mediation, it is important to consult with an experienced family law lawyer who can help you understand the process and ensure that your rights are protected. 

Benefits of family law mediation

There are many benefits to mediation, including: 

  • Mediation is often faster and less expensive than going to court. 
  • It allows couples to maintain control over the outcome of their divorce or separation. 
  • It can reduce conflict and help couples communicate more effectively. 
  • It can help couples reach an agreement that is mutually satisfactory. 

Disadvantages of family law mediation

There are also some potential disadvantages to mediation, including: 

  • The process requires the cooperation of both parties. If one party is not willing to compromise, mediation may not be successful. 
  • Mediation may not be appropriate in cases of serious domestic violence or where there is a significant power imbalance between the parties; however, mediators are trained to deal with these situations and special accommodations can be put in place in order to proceed with mediation. 
  • The mediator does not make decisions for the parties. If the parties are unable to reach an agreement, they will have to pursue another dispute resolution process such as arbitration or court. 

How does family law mediation work?

Family law mediation typically begins with a consultation between the mediator and the parties. During this consultation, the mediator will explain the process and assess whether mediation is appropriate for the particular case. If both parties agree to participate in mediation, they will sign a contract that outlines the rules of mediation, such as confidentiality and nondisclosure. 

The mediator will then meet with each party separately to discuss their goals for mediation. The mediator will help the parties identify areas of agreement and disagreement and brainstorm possible solutions. The parties will then come together for joint sessions to discuss their proposals and try to reach an agreement. 

If you are considering family law mediation, it is important to understand the benefits and disadvantages of the process. At Simard & Associates, we believe in the power of mediation and work to ensure that all parties have a voice in the resolution of their case. We would be happy to answer any questions you may have about family law in Ontario. Our family law mediator in Rockland and serving the Ottawa region is here to help you through this difficult period. Contact us today for more information. 

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