Divorce can be a difficult time with emotions including anger, frustration, sadness, disappointment, and a sense of loss. While this is understandable, you need to proceed with the divorce process to be able to move on with your life. Taking a case to court for resolution is the most common method these days. However, below are 5 ways mediation can be a better choice for you, your spouse, and your family.
Sadly, approximately 40 percent of marriages in Canada end in divorce. With such a staggering number, court backlogs are common as judges attempt to settle cases. This can definitely affect your case. Just because you have your day in court, it can take a few to resolve and your next appearances may be several months in between.
Meeting with a mediator to settle your divorce is preferred by those who want a quicker resolution. Instead of being at the judge’s and attorney’s mercy regarding court dates, a mediator can meet with you a few times per month or even per week. As a result, a settlement can be reached much faster, allowing you to move on with your life.
2. Better settlements
Divorce cases where parties have difficult times agreeing on important issues are typical. As a result, it falls to judges to make decisions and this often leads to extreme frustration and disappointment by one or both parties.
When you meet with a mediator, you and your spouse are the ones in charge. Because you are able to talk face-to-face rather than through attorneys, more is usually accomplished. Both parties are able to get to the issues that are most important and are the ones making the decisions. Only when both sides agree is the matter considered resolved which leads to settlements that are more satisfying and amicable.
In a family courtroom, many things may be discussed that you would have rather kept confidential. However, most people forget that a courtroom is a public forum.
Mediation appointments are held behind closed doors, whether it be at the mediator’s office or in the comfort of your home. No one will be permitted to attend except you, your spouse, the mediator, your children, and anyone that you or your spouse identifies that could give important information pertaining to your case. The mediator will keep records of the appointments but is not able to share it and cannot discuss your case with anyone. Therefore, your matter is kept confidential, giving you and your spouse dignity during a difficult time in your lives.
4. Easier on children
Your children are the most important parts of your life. You and your spouse probably want to make your divorce as easy on them as possible. Mediation is a preferred option when it comes to divorce because it makes the process easier on children. Divorce causes a lot of stress and uncertainty on your children as well.
Instead of a judge asking your children who they prefer to reside with, a mediator can take a more compassionate and relaxed approach, meeting with your children and ensuring their best interests are represented in the process as well. Your children seeing you cooperating and being civil towards each other will make the process a little more bearable for them.
It is estimated that per person, a divorce can cost tens of thousands of dollars even if it is amicable. It can be even more if it is not with court and attorney costs adding up tremendously.
When you attend mediation with your spouse, you will not have to pay individual attorney fees. Instead, you can pay one mediator and this tends to be significantly less cheaper. Some people choose to hire a divorce lawyer for mediation. Since the process allows for quicker resolutions, you will not need to retain his/her services for as long as you would have if the matter went to court.