Did you know that most couples who get divorced in Duncan never go to court?
This surprises some people whose only exposure to divorce has been in the movies. Litigation and long courtroom battles are not necessary – in fact, the overworked legal system in BC prefers to avoid that.
Disputes are to be expected in divorces with the stakes so high and people’s futures on the line.
However, there are several viable alternatives to litigation to resolve disputes. Divorce mediation has one of the best success rates when it comes to reaching agreements on disputed matters.fr
The experienced divorce mediators at Jennings Family Law provide a practical, non-adversarial, cost-effective way for you and your ex to reach an agreement without delays so that you can turn the page and move on with your lives.
With divorce mediation, you and your ex-spouse may never set foot in a courtroom.
Mediation is an alternative dispute resolution process that aims to resolve differences between parties in any major dispute. The ultimate aim in divorce mediation is to reach a legally binding separation agreement that sets out all of the terms of your divorce and which you both sign
This requires the guidance of an experienced and independent mediator, who is skilled at understanding the main issues, taking the emotions out of the situation, and guiding the disputing parties to a resolution.
In most divorces, the main contentious issues are:
The divorce mediator will attempt to bring the outstanding issues into the open and facilitate respectful negotiation and collaboration between you and your ex.
This can be a challenge when emotions, tensions, and potential for further conflict is running high during a separation. However, if you and your spouse are at least on speaking terms, mediation may be a viable option.
Divorce mediators in Duncan are often senior lawyers or retired judges. The mediators at Jennings Family Law are experienced lawyers.
As long as your mediator is neutral and independent, aware of the relevant laws, qualified in mediating difficult situations and can explain the consequences of decisions made, you have a chance of a successful outcome.
Your mediator cannot represent either you or your spouse if no agreement is reached through mediation and you need to move to the next stage of dispute resolution (arbitration or litigation).
However, you are entitled to hire collaboration or mediation lawyers to speak to the mediator, represent your best interests, and work together to try to reach an agreement.
There are good reasons for couples to opt for divorce mediation.
For most separating partners, litigation is the worst-case scenario. The courtroom is no place for a family to discuss how to move forward with their lives.
Compared to litigation, therefore, there are major advantages to mediation. Some of the benefits are obvious and others less so:
In the right circumstances, divorce mediation should be a priority consideration if you and your spouse cannot reach an agreement around the kitchen table. Even if it can help you resolve some issues, it is generally a worthwhile process as it will save time and expense.
Mediation has the best chance of success when:
Generally speaking, divorce mediation may be your most affordable, fastest, and most effective solution to resolve divorce disputes.
Several sessions may be required in mediation, depending on the number and depth of outstanding issues and how the first session progresses.
Your mediator will be prepared. You and your spouse should be too.
At the first session, your mediator will likely meet with you and your spouse separately at first and then together. Here are some pointers to prepare for this:
At Jennings Family Law, our divorce lawyers and mediators are committed to helping you achieve a prompt and cost-effective agreement with your spouse.
Contact us today for a confidential consultation and case evaluation.