In part due to British Columbia’s Family Law Act, mediation has become an increasingly popular way to work towards dispute resolution in divorce. From handling child custody matters to resolving property division issues, mediation can be an effective, solution-oriented way of navigating the separation and divorce process.
While there are certainly benefits to choosing family law mediation, it may not be a tool that is right for all couples. Taking the time to understand the process can help in the decision as to whether to proceed.
Family Mediation 101
Family mediation provides couples with the chance to decide on the terms of their separation or divorce. With the help of an experienced mediator, the parties involved are guided towards finding a solution that best suits their needs.
Why Family Mediation?
When the circumstances are appropriate, family law mediation can be preferable to handling a divorce in court. Mediation, which is a voluntary process, encourages effective communication and problem solving. It is often less expensive than going through court and it can afford an increased degree of privacy which divorcing couples may find helpful.
Is Family Mediation The Right Fit?
Family mediation requires that both parties to be committed to the process. Because the couple will be deciding how to resolve their issues, there must be an agreement to be considerate and a willingness to negotiate. Individuals taking part in family mediation must feel safe in the situation and be motivated to find a mutually beneficial solution. If a divorcing couple feels that they cannot abide by these guidelines, family law mediation is unlikely to work for them.
If a couple feels as if though mediation is the right choice for them, it is important to take the time to find an experienced mediator to work with. Both parties should be represented by a skilled family lawyer, regardless of how amicable or well-intentioned they may be. In addition to providing legal advice, a lawyer can ensure that agreements are sound before any final decisions are made.