Mediation is a form of alternative dispute resolution during a divorce process to help two parties reach a mutually agreed upon conclusion. Mediation isn’t limited to divorce proceedings and is used for multiple legal disputes. Many couples going through a divorce process choose mediation over settling disputes in court, in Canada and otherwise. Nanda & Associate Lawyers has experienced divorce lawyers that have represented many people during the mediation process.
This common procedure has both its positives and negatives; let’s take a look at some pros and cons of divorce mediation in Canada.
Pro: It’s Less Stressful
Around 44% of people claim divorce is one of the most stressful times in their life. However, settling the divorce process through mediation can make it less stressful. It’s more casual than an official court setting focused on finding common ground. This helps couples be more relaxed and approach the negotiations in good faith. This is mostly because divorce mediation in Canada gives couples a sense of ownership which can go a long way to improve the atmosphere.
Con: There’s No Guarantee of Success
Even in cases where both parties are committed to the mediation process, there’s no guarantee that they will be able to come to an agreement. If the mediation fails, the couple will have to resort to other dispute resolution methods, which can be time-consuming and costly.
Pro: Binding When Everyone Agrees
Mediation results can only be binding when everyone agrees to the terms at the end of the negotiation. During the court proceedings, the judge hands down a decision, and whether the parties agree with it or not, they must accept it. Couples who don’t want to hand over the reign to an unknown entity during the process can mediate. Moreover, it will only be legally binding when the separated couple agrees to the terms.
Con: It May Not Work for High-Conflict Couples
Divorce mediation in Canada is a voluntary process that requires both parties to work together to reach an agreement. However, mediation may not be effective in high-conflict divorces, where emotions are running high, and communication has broken down. In such cases, the couple may need the intervention of a judge to resolve their disputes as per the Divorce Act.
Pro: It’s less Time-Consuming & Less Expensive
Divorce mediation in Canada is relatively inexpensive and consumes less time. Mediation typically takes less time than traditional litigation. The process can be lengthy in a court proceeding due to the need for formal pleadings, discovery, motions, and court appearances. On the other hand, in mediation, the process is less formal and more flexible. In addition, couples only pay for the mediator’s time, which is generally much less than they would pay for a full-blown court proceeding.
Looking for Divorce Lawyers?
Nanda & Associate Lawyers has some of the top divorce lawyers in Canada. We can provide representation for you during mediation, and if you decide to pursue legal action, we will work to ensure a favorable outcome for your case. We also have personal injury lawyers, immigration lawyers, corporate lawyers, and more!
Book a consultation, and let us help you get through the complex process!