Top 3 Questions To Ask About Divorce Mediation
Nov 27, 2024
Divorce doesn’t always end up in court proceedings in Ontario. There are alternatives, one of them being divorce mediation. When both you and your partner are interested in a resolution out of court, it’s important to start by asking key divorce mediation questions.
Asking the right questions about divorce mediation – also called family mediation – can help you navigate the process more effectively, quickly and with confidence. This is especially true as each province has specific legal frameworks – including Ontario.
In this post, we explore what divorce mediation is, how it works and whether a divorce lawyer is required.
Divorce Mediation Questions: Three Key Ones To Ask Before Beginning The Process
When considering divorcing, it’s always smart to conduct some research to consider your options. Sometimes your divorce does not require time in court. When both you and your partner are open to it, divorce mediation may be the ideal solution.
Here are three questions to ask yourself about divorce mediation:
1. What is Divorce Mediation and How Can It Help Me?
Divorce mediation is a type of alternative dispute resolution (ADR). It’s often a smart solution in less adversarial cases, particularly when there is no domestic violence. Also called family mediation, it’s a structured process where a neutral mediator assists both parties in negotiating a fair settlement.
Divorce mediation can cover several topics including:
- Child custody
- Support payments
- Division of property
Mediators do not provide legal advice during mediation sessions. A mediator can facilitate discussions between you and your partner about legal matters, helping you find a mutually agreeable solution. However, if you cannot reach an agreement, they won’t make a decision for you.
In some cases involving family violence, mediators can arrange separate communication methods to ensure safety while mediation takes place; however, if fairness or safety cannot be maintained, court may be the only option.
In general, family mediation can be a less adversarial, faster, and often more cost-effective way to resolve issues.
When using divorce mediation, your goal should be minimizing conflict and cooperative decision-making. This benefits each party, and children if involved.
2. What Should I Expect From The Family Mediation Process?
In Ontario, a mediation session often starts with preparation, setting clear agendas, and ending with finalizing agreements. The facilitator – the family mediator – is the third party that helps people talk with each other either directly or through their lawyers and sets the tone of the discussion. They allow both sides to express their desires and what they hope to achieve.
More importantly, family mediators themselves do not make decisions and/or choose sides. They remain neutral throughout the process. Their core responsibility is to establish a framework in which two parties can achieve common goals.
Confidentiality and Flexibility
Divorce mediation is a confidential process, meaning discussions during sessions are not shared outside of them. This of course fosters open communication and honesty throughout the process. The understanding is that even if mediation is unsuccessful whatever is said cannot be used in court.
Family mediation is also flexible, working around each party’s schedules and needs. It can also be done in person, online or by phone, and with or without lawyers present.
Potential Outcomes of Mediation
The outcomes of family mediation can vary – from partial to full agreements. Once signed, mediated separation agreements are legally binding. As such, once the agreement is prepared, it is important to review it with your lawyer before signing it.
3. Do I Need A Lawyer For Divorce Mediation?
One of the questions you may be asking yourself is: “Do I need a lawyer for divorce meditation?”
It’s optional for the two parties to hire a divorce lawyer to engage in mediation. However, there are advantages to consulting with a lawyer before the mediation takes place, either having a lawyer present at the mediation or on standby throughout the mediation and afterwards when finalizing any agreements.
A lawyer will be useful as he or she will help advise whether or not the agreement that has been reached during mediation is in your best interests and follows the correct legal framework.
As family law mediators do not represent a party and do not give legal advice, a lawyer may provide you with a consultation about legal privilege or responsibility prior to or during mediation, and any obligations you may have.
A lawyer is always recommended in mediation cases, and it is important to do your research to find a family law lawyer who specializes in mediated settlements, that you can reach out to when the need arises.
Family Mediation: An Alternative To Divorce Court
Dealing with a divorce can be a very challenging time. Understanding what divorce mediation is and how it works, can help you determine your path forward. Getting answers to your divorce mediation questions is the first step.
Working with a family mediator can be more successful when both parties actively participate and feel heard. It is also important if both parties come to the table knowing what their respective rights and obligations are after speaking to a lawyer beforehand.
In summary, divorce mediation is a collaborative and cost-effective alternative to traditional divorce proceedings. It allows couples to retain control over their decisions, reach mutually beneficial agreements, and avoid the high costs and emotional strain of litigation.
The process is typically quicker and more flexible, particularly in addressing issues like decision-making responsibility, child and spousal support, and property division. As a less adversarial approach, family mediation also encourages better compliance with agreements and helps preserve relationships, especially when children are involved.
Contact Kelly Jordan Family Law Today: Your Family Law and Mediation Expert
Our experienced team of family law lawyers in Toronto is dedicated to providing compassionate and effective legal counsel. Whether you’re facing the complexities of separation, divorce, estate planning or spousal support, we can help.
We can support you with divorce mediation as well. Book a free 10-minute call with Kelly Jordan, our family law mediator, to see if she is a good fit for your mediation needs.
You can contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need during this challenging time.
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