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The Benefits of Divorce Mediation
Marian Grande
Diivorce mediation is designed to streamline the process by creating a more informal environment that gives the parties full autonomy over their family issues
Unlike a judge, a mediator cannot make decisions Instead, a mediator works impartially and attempts to facilitate agreements on any disputed financial or parenting issues, including the most challenging issues, division of assets, child or spousal support, child access, parenting plans, and the family home keen
The mediator will help both parties to comprehend the issues involved in the divorce, clear up any misunderstandings, and offer ideas for resolving them. It’s critical to understand that the mediator does not represent either party, nor will they give either party legal advice, and their primary goal is to facilitate the agreement.
Marian Grande is the founder of Absolute Ltd. o/a Absolute Dispute Resolution. She is a member in good standing with the Family Dispute Resolution Institute Of Ontario (FDRIO), Alternative Dispute Resolution Institute of Ontario (ADRIO), the Alternative Dispute Resolution Institute of Canada (ADRIC) and the Oakville Chamber of Commerce.
Marian Grande Absolute Dispute Resolution
What are the benefits of mediation?
• It is a confidential process The court is of public record, whereas there is no public record in mediation Especially with matters involving divorce and children, most people want to keep their family issues private
• Mediation commonly costs at least 75% less than litigation or collaborative divorce.
• Mediation is a considerably less adversarial process leaving both parties with a better co parenting relationship and lawyers with minimal involvement.
• The parties have more control over the process and the outcome than when the court is involved
• The parties have more input, allowing them to feel better about agreeing on what is fair rather than having a stringent set of regulations to follow
• Mediation is much less emotionally damaging to the parties and the children Seeing their parents in a bitter court battle is not in the children’s best interests
• The parties always have the choice of going to court Selecting mediation does not negate the parties’ right to litigate the divorce before a judge Anything that occurs in mediation is “without prejudice”; what happens in mediation will remain confidential (except for signed agreements and financial affidavits).
• Mediation may still be a possibility even when there are domestic violence issues.
Whether mediation is suitable relies on the extent of the domestic violence and the power imbalance.
• A mediator can’t order you to do anything
• A succssful mediation depends on the parties to attend, be ready to negotiate and be open-minded to compromise
• Mediators supply a safe space for partners to discuss the terms of their separation while facilitating effective conversations that ensure both parties are given a chance to speak, be heard, understood, and be mutually respected