Mediation
What is Mediation?
Mediation is a voluntary and confidential process where an impartial third party, a trained mediator, helps you and your partner to resolve disputes and come to a mutually acceptable agreement.
Whether you are dealing with a separation/divorce, custody issues or planning ahead with a cohabitation agreement or a marriage contract, mediation can be a great alternative to counsel assisted negotiations or litigation.
What are the benefits of Mediation?
- You are in control
Unlike Court where a judge decides and determines the outcome of your dispute, in mediation, you and your partner have the power to make decisions and reach agreements on the terms that work best for your unique situation. A trained mediator will provide you with legal information and help guide the conversation ensuring that the agreement you reach is valid and enforceable.
- It’s cost effective
Litigation and counsel assisted negotiations can be expensive. Mediation often requires fewer hours and resources saving both money and stress. Typically, both parties share the cost of mediation equally resulting in less expensive settlements than through counsel assisted negotiations or litigation.
- Quicker turnaround
Court proceedings and counsel assisted negotiations can drag out for months and even years. Mediation sessions can be scheduled promptly, with most matters being resolved within 1-3 sessions. Through the Court system, there are often month-long delays in securing a Court date and mandated timelines for serving and filing documents, making mediation a much more efficient process.
- Non-Adversarial
Family disputes can be emotionally taxing. Mediation fosters cooperation and communication helping to preserve relationships, which is particularly important when children are involved. For Mediation to work, both parties need to participate voluntarily.
- Confidential
If you and your partner are unable to settle your disputes through the process of a closed Mediation, the information discussed, offers made and documents produced are confidential and cannot be used in the context of a future litigation. This provides peace of mind to negotiate with open and honest dialogue without fears that these discussions could be used against you in a future litigation.
Family Mediation
Family Mediation is a process that uses a neutral facilitator to organize discussion and settlement of a family law situation. The parties would meet with an accredited Family Mediator in a general information session that overviews the mediation process and mutual needs of both individuals. This discussion is confidential and will cover practical aspects like mediation rates, disclosure requirements, and scheduling information. This type of meeting will expose any contrary indications to family mediation through a confidential process.
Advantages of Family Mediation
- Mediation focuses on a solution that is best for the family.
- Mediation helps establish patterns of cooperative parenting that ensure the children’s needs will be met.
- Mediation allows both parties to exercise responsibility in arriving at a decision.
- Mediation maintains the right of each party to be an equal participant in the decision-making process.
- Mediation encourages cooperation and agreement.
- Mediation tends to result in a wise and enduring settlement.
- Successful mediation is usually less expensive than most other methods of dispute resolution.
When should you consider Mediation?
- You are separating/divorcing and want to avoid Court.
- You need to modify or create a parenting plan.
- You are moving in with a new partner or getting married and want to protect certain assets in case of a separation, such as a pension plan, rental property, business, etc.
- You want to maintain an amicable relationship with your partner.
Mediation can help parties reach agreements that are practical, fair, tailored and long-lasting. If you think mediation is the right fit for you, book an appointment online on our website at agblawyers.com, or give us a call at 613-232-8832.