Given the complexities of the divorce process and the resulting mental pressure and emotional pain, couples are often deterred by it. As if the latter is not enough, the accompanying financial burden often worsens the situation even further. In the current era where inflation shows no sign of surrender, bearing the burden of legal costs is a challenge for everyone. As a result, numerous couples look for on a daily basis a more suitable and less costly alternative.
Costs and frustration are not the only pressing reasons. With the ever-evolving needs of society and the rise in enlightenment, families prefer to keep their internal matters confidential. However, the conventional divorce process of standing before a judge in a public trial did not seem to fulfill these demands. Fortunately, the Canadian justice system was quick to pick up on the public’s changing thoughts and brought forward a revised Divorce Act (1985). The Act introduced a ‘no-fault divorce as an alternative to the lengthy litigation process.
Consequently, alternative dispute resolution methods became quite popular and preferable options. In this regard, mediation services have consistently remained at the top. As experienced family lawyers, we will not regard your thoughts as baseless if this service raises a lot of questions in your mind. To be fair, it would not be wrong to say that mediation is still a relatively new concept that people have not yet gotten a hang of.
In light of the number of queries we receive regarding this service, we have decided to make the information more accessible to Edmonton’s society and the nation as a whole. So, today’s blog post will answer some of the most frequently asked questions we encounter regarding mediation as divorce lawyers.
What Is Mediation?
Simply put, mediation is an ADR method in which an impartial third party called a mediator helps couples who wish to attain a divorce or separate reach viable and mutually beneficial terms. Some of the issues a mediator assists couples with may include asset division, liability divisions, parenting time/access, spousal support, child support, and more. This method helps families amicably resolve matters in a cooperative and respectful environment and reach rational decisions.
In Edmonton, mediation services can be easily obtained from reputed law firms like The Divorce Company.
Do We Need To Hire A Lawyer?
One of the ways mediation helps you save money is by eradicating the need to hire a lawyer. However, we recommend that hiring a lawyer to attain independent legal advice is in your best interest. After all, matters like property division are not as simple as sharing a cake.
Is Mediation Expensive?
Comparatively, mediation is less expensive than a conventional divorce process. Even if you were to hire a lawyer for legal advice, the costs will be lower than those of a traditional divorce, as mediation is quicker and less complex.
Is A Mediator A Judge?
No. This is one of the biggest misconceptions families harbor is that a mediator is a judge. In truth, a mediator simply scrutinizes the unique needs of each family and their circumstances and suggests suitable solutions accordingly. It is left upon the couple to either implement or reject the recommendations. Thus, a mediator does not make any binding decisions.
How Long Does The Process Take?
Although each case is unique, the average time mediation takes is between three to 6 months. In contrast, a fault divorce can take anything between six months to three years. The difference speaks for itself.
Read Also: Incredible Benefits Of Divorce Mediation
Do We Still Have To Follow The Cookie-Cutter Approach When Sharing Property?
One of the most significant and appreciated advantages of mediation is that you don’t have to cut everything like a cookie, as is the case in litigation. Instead, you can amicably decide that, let us say, one party takes the house while the other keeps the pension benefits. Contrarily a judge would divide everything if the case were to be taken to court.
What Happens If We Can not Reach A Mutually Beneficial Agreement?
If despite the mediator’s best efforts, a couple can not reach suitable decisions and the disputes remain apparent, the divorce case will have to be taken to court, and the normal procedures would begin.
About The Divorce Company
Our firm was started with the idea that most issues around Separation and Divorce can be settled outside of court. With this belief, we have helped numerous families reach amicable and viable decisions. Learn more about The Divorce Company.
Need mediation services? Contact us now.