An impending divorce is indeed a stressful and vulnerable experience for couples because of the potential loss and uncertainty of partnership, parenting time, family relationships, financial security, home, and future life plans that they may experience after the divorce. 

Many couples plan to handle divorce inside the court, but little did they know that there is a divorce mediation process in Canada that will help them settle it with less stress and disputes.

In fact, mediation in divorce has several benefits that you and your couple will not experience in court. Mediation can provide you with the right resolution without spending much money and time going in the courtroom. 

If you and your former spouse choose this method to manage your divorce terms, both of you can work out and achieve a fair separation agreement.

Top 10 Benefits of Divorce Mediation 

If you’re still sitting on the fence, thinking whether to choose the divorce mediation process or not, below are some of the common benefits of divorce mediation that may help you decide.

Cost-effective Solution

We all know how costly it is to spend hours talking with your attorney about your case preparation since they usually charge their services per hour. Besides that, if you deal with your case for litigation at court, the case presentation and the waiting time for it to be heard may take long hours, which is not a cost-effective process for resolving your divorce issues. 

Settling your case in court is indeed a costly way. In contrast, when you go with mediation, you don’t have to wait for long hours to arrive at the resolution that both of you want. With that, both parties will save substantial money and let you move on with your life without any traumatic experience inside the court.

Children Protection Policy

One of the most impactful factors of divorce is its effect on children’s emotional and psychological health due to the arising conflict between the parents. 

The adversarial, standard, and litigated approach adversely cause more conflicts and stress to the children, leaving them lasting scars, thereby putting children’s lives at risk. 

It most likely affects children when they are involved in the case, particularly in a child custody battle. On the other hand, the divorce mediation process provides professionally guided problem-solving methods to meet all the whole family’s needs.

Remain in Control

In court proceedings, the judge is the one who gives a final verdict and decides what the results would be, but in mediation, the whole process is under your control. 

Divorce mediators will only guide and educate you about your parental, financial, and legal options, making both parties arrived at their own informed decisions regarding what is best for themselves and their family. 

Besides, instead of blaming and finding faults for each party, mediators help you communicate appropriately and effectively, considering and discussing legal options, and take responsibility for your choices.

Private and Confidential

Most often than not, family matters are sensitive, and if you want to maintain the privacy and confidentiality of it, choosing mediation is the right option. 

In this method, both of you will not be asked to proceed in a courtroom, unlike a litigated divorce, where both parties have to attend hearings that are often open to the public and part of the public record. 

Family mediation in Canada provides privacy and confidentiality and is protected by state laws. All verbal and written communications, even draft agreements, and disclosures are considered confidential.

Avoid Continuous Legal Battles

Sometimes, when major child custody and financial decisions are made by attorneys and judges and imposed upon disputing couples, they are more likely to be resentful and dependent on the court’s judgment. 

As a result, when another family conflict arises, their mindset is to run to their attorneys and repeatedly file for legal appeals and modifications. This approach sometimes leads to non-stop or long-term legal conflict between families. 

On the other end, research shows that family disputes are effectively resolved with mediation since they are more invested and satisfied with their agreements, preventing future family legal issues from arising.

Save Time and Stress

Typically, the average overall time frame for a litigated divorce is nine months to two years, while the family mediation in Canada only takes 2 to 4 months to complete. 

Although mediation’s approach to information-gathering and decision-making can be completed in a shorter time, it provides reassurance that all family members will gain peaceful, effective and result-oriented solutions to their family issues caused by divorce. With that, the family will no longer have to endure the anxiety of the unresolved problems for a long time.

Personalized Solutions

A litigated divorce provides a cutting approach as the final resort to resolve family issues caused by divorce, such as establishing a traditional parenting schedule, splitting the retirement, selling the house, dividing the properties, etc. 

In contrast, the divorce mediation process can benefit both of you by allowing them to think outside the box and achieve a fair settlement agreement that reflects their own and their families’ specific needs.

Positive Foundation of Parenting

Most of the time, the adversarial demand, threat, and counter-demand typical in a litigated process creates a high-conflict and mistrust pattern during the sensitive time of formulating a new post-separation parenting relationship. 

On the other hand, a significant benefit of divorce mediation is that parents are guided and supported in making mutually acceptable parenting agreements. This approach provides parents with the skills and positive foundation of a co-parenting relationship.

Preserve Family Relationships

One of the most significant impacts of a lawyer-driven divorce is the relationship between spouses and their in-laws, extended family, and circle of friendships. 

Since the legal battle between spouses forces other people to choose which one to support and blame. However, with a divorce mediation process, family and friends that the spouses are working together with will no longer decide who’s the who’s, but rather have mutual respect and integrity to both parties.

Provide Healthy Closure

People often hire lawyers assuming that a judge will hear their case and validate their position’s rightness. But the truth is only 10% of litigated divorce cases go to trial. Sometimes, some states follow the “no-fault method,” meaning that the two parties’ wrongdoing towards each other is significantly irrelevant to the court’s decisions. 

On the contrary, a well-trained divorce mediator can help and guide both willing parties in discussing the decision and bringing closure to their disputes.

Why Choose Divorce Mediation in Canada?

With all these benefits of divorce mediation, both parties may achieve a healthier divorce agreement that may cut off all the court litigation’s negative effects. However, these benefits may vary since mediators provide different styles of approach. 

Moreover, not all divorce cases are suitable for a divorce mediation process. Thus, it is crucial to consider all the relevant factors, including the type of case and resolution that will work best for both of you. 

For further information about mediation, the process and whether it may assist you in resolving your separation without court, feel free to contact Lichtblau Law, give us a call at 416-633-2465 or email us for an appointment.