How Divorce Mediation Process Works in Canada?

Divorce is a difficult and emotional process. When a relationship breaks, both partners need to go through many troubles and engage in a costly court battle. As a result, the whole process becomes expensive and time-consuming. So, what is the solution to this? That’s where the divorce mediation process comes in.

The mediation process is cost-effective and stress-reducing. It helps couples work with a third party to find a pleasant solution. This process helps the couples to work on different factors like child custody, spousal support, diving the assets and many other issues related to the process.

This article will walk you through the divorce mediation process and explain how one can benefit from a mediator.

What is the Divorce Mediation Process?

Divorce mediation is a process where couples who want to get a divorce meet with a court-appointed third-party trained mediator who assists the couple in discussing and resolving important issues in divorce. 

These important issues include child custody, property division, and support payments. These mediation sessions take place in an informal office or online. These mediators will not give you legal advice or decision but will help you to figure out what is best for you.

Preparation Before Mediation Process

Proper preparation is an important part of running the mediation process smoothly. It helps both parties to communicate effectively with the mediator. Here are the keys to preparing for the divorce mediation.

Find an Experienced Mediator

Finding an experienced and qualified mediator is the first step in getting ready for divorce mediation. It is critical to seek a certified mediator with knowledge of divorce mediation and a cooperative style to deal with both parties. You can search for qualified mediators online or ask your lawyer to find one.

Prepare for First Meeting

Before the session starts, both parties should prepare all the information and the questions they may have. The mediator will ask you to write up a mediation statement outlining all the basic information.

It includes marriage life, family, child care, and other divorce-related issues. They may also give a questionnaire form including a list of assets, debts, and other related information.

Important Documents

The mediator will ask for all the required documents before the mediation begins. These include financial statements, tax returns, marriage certificates, bank statements, children’s school schedules, and other legal documents. 

The mediator may also request that you sign a document stating that you will keep the information shared during the mediation process private and acknowledge that the mediator cannot discuss any of the details of your session with the judge. All of these documents should be organized and ready by the mediator. 

How the Divorce Mediation Process Works?

The divorce mediation process is when both parties work together on the issues related to divorce with the help of a mediator. The different stages of the mediation process are as follows-

Initial Meeting

The mediator will outline the mediation process at an initial meeting. They set expectations and review any issues or queries that both parties may have during this discussion. The mediator can use this time to get to know both parties and determine whether mediation is the best action. While some mediators conduct the mediation in one room with everyone present, others may separate the couples for more private conversations.

Identify the Issues of Divorce

The mediator will work with the parties to identify the issues that need to be resolved throughout the mediation process once they have both agreed to mediation. These difficulties could relate to finances, spousal support, property distribution, and child custody.

The mediator will further assist both parties in figuring out the problems in order of significance. After recognizing the issues, the mediator will work with both parties to acquire the information needed to make choices. It might contain appraisals, financial papers, alimony, child support and other relevant data.

Build a Frame Issue for Divorce

The mediator assists each couple in outlining their “needs and interests” during the framing phase. It entails discussing each person’s intended results and unique concerns, priorities, and values. The primary objective of mediation is identifying the needs and interests of each spouse.

The needs and interests of partners may overlap. It is likely to happen if the spouses express concern for their children. When there is an overlap like this, settlement is more likely to occur. 

Naturally, it’s only sometimes possible to negotiate a deal that fully adjusts the interests of both parties. Parties usually have to agree to divorce since the mediator will split the limited resources between the two families.

However, both spouses can compromise on living when a mediator properly identifies and works through each spouse’s wants and interests.

Negotiation for Decision Making

Negotiations will begin once the mediator has assisted the couples with their issues and interests. The mediator will help the parties communicate to find a resolution that is agreeable to both of them.

The first step is to explore possible solutions to each divorce issue. The mediator will work with both sides to explore various options, generate ideas, and identify areas for common ground.

A mediator should find the possibilities for settlement that completely consider each spouse’s most crucial interests. Remember, you can negotiate by comparing acceptable possibilities rather than becoming stuck. They should have a short list that involves compromises for both sides.

Drafting the Settlement Agreement for Divorce

If both parties agree, the mediator will prepare a formal agreement outlining the divorce details. This agreement will address property distribution, child responsibility, visiting rights, and support payments. Both parties can evaluate the agreement and make any required changes.

Yet the divorce is still being determined when a marriage settlement agreement is signed. The settlement agreement must be filed with the court and requested to be included in the final divorce decree by the parties.

Concluding the Agreement

Both parties will sign the agreement when the settlement agreement is reviewed properly. The mediator will then submit the agreement to the court for filing. Most of the mediators will suggest the spouses seek an uncontested divorce. 

Because there are no issues arise for an uncontested divorce, and both parties agreed on the statements. Moreover, uncontested divorces are less expensive than contested divorces. 

Conclusion

When couples are going through a divorce, divorce mediation is a valuable process to reach a mutually accepted agreement. Couples may save the expense and stress of a typical court battle with the mediation divorce process.

Working with a mediator helps couples maintain a standard relationship for those with children after the divorce.

Although not all divorces can benefit from mediation, it is a good choice for individuals who want to approach the court system without hassle and achieve a peaceful solution for their separation.

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