What is Divorce Mediation?
Divorce mediation is a process where a neutral third party, known as a mediator, helps divorcing couples work through their issues and reach agreements outside of the courtroom on various aspects of their divorce, such as division of assets, child custody, and spousal support.
The mediator facilitates communication and negotiation between the spouses to help them resolve disputes amicably and reach mutually acceptable solutions, effectively bridging the gap between the parties.
Parties may decide to have lawyers accompany them during mediation or not – based on their preference.
It’s a 4-step process
- Initial consultation – private meeting with the mediator to tell your story
- Joint meetings – a series of 3-way meetings with the mediator & both spouses to discuss all topics needed for resolution
- Final separation agreement is drafted
- Each spouse meets with their own lawyer, if they have a lawyer, to get independent legal advice on the final agreement
What is Collaborative Divorce
Similar to mediation, it’s a Process that focuses on finding resolution to post-separation issues that works for both parties.
It’s a negotiation process where each of you and your former spouse hire a specially-trained lawyer called a Collaborative Lawyer who will assist you to resolve your divorce issues co-operatively, with a focus on the needs and interests of your family.
You and your former spouse will agree to work together as allies rather than adversaries to arrive at resolution, while having your lawyer as your advocate next to you the entire way through.
In the end, you commit to achieving resolution without court intervention. This commitment is fundamental to the process – it’s a commitment you make right at the start of the process, and works in both spouses’ favour because it allows for complete transparency and openness during the process.
In this process, there’s no neutral mediator, it’s the parties and their lawyers, and any other professionals that may assist as needed throughout the process.
How do families know if Mediation or the Collaborative Process is right for them?
Here’s some common themes that would indicate that either process would be a good choice:
- I want to avoid having the Court decide my future.
- My children’s needs are my priority, above my own needs.
- I want to focus on the future.
- I want to reduce conflict and to improve communication between me and my spouse.
- I want a quick and efficient resolution.
Mediation
- Given that often mediation is without lawyer involvement at the negotiation table, mediation would be best if the goal is to engage only one professional, and to keep costs lower.
- As well, you’ll need to be comfortable that with the support of the Mediator, you believe that you are able to make yourself heard and understood.
Collaborative Process
- I want costs to stay as low as possible by directly negotiating in 4-way meetings rather than the lawyers negotiating for me through letter-writing or court applications.
- I need my lawyer to help me to understand my rights and obligations before I make long-term decisions for my family.
- I want my lawyer by my side to ensure that my needs and interests are being brought to the table.
- With the support of my Collaborative Divorce lawyer, I believe that I can make myself heard and understood.
If families believe that one of these processes may be right for them, what’s their next step?
Do your research – have a look at our website at HenkaDivorce.ca to learn more.
Call our office to talk to our team about both options – we give lots of information to help you to determine whether either or both negotiation processes are right for you
We will schedule you in for a free 5-min call with me to answer your questions about the processes. This then leads to the booking of an initial consultation so we can start diving into the actual issues.