Top 5 Reasons to Mediate your Family Law Dispute

May 22

When couples separate, there are a number of issues which require attention, including division of property, division of debt, guardianship, parenting time, child support and spousal support.

Mediation is becoming an increasingly popular form of alternative dispute resolution and for good reason. These are our top five reasons to mediate:

1. Control

In mediation, parties work with an unbiased third-party to assist them in reaching a solution. Mediation is a collaborative opportunity for mutual understanding and decision-making. The mediator’s role is to assist you, not solve the problem for you. Tailor-made solutions last longer and are more likely to be honoured than solutions imposed by a court. The mediator assists by helping parties communicate effectively, framing the legal issues, offering legal information but not advice, and explaining the legal implications of potential outcomes.

2. Privacy

Mediation is a confidential alternative to litigation. Family law matters which move through the court system create public records which results in a loss of privacy for many families. All communications made in mediation are private, without prejudice and will be kept confidential. If the mediation fails, neither party is allowed to subpoena or otherwise request information from the mediator who assisted the parties in a future legal proceeding.

3. Cost

Mediation is almost always significantly less expensive than going to court. Litigation lawyers commonly estimate legal fees of $5000-$10,000 for each day of trial, and it is common for family law trials to take ten to twenty days. This figure does not include the many proceedings and appearances that are required before reaching the trial stage. The average cost of a family mediation is around $5000.

4. Efficiency

From the time a Notice of Family Claim is filed in court to the time the parties go to trial, often many years have passed. Mediators can be available via video conference or in person to assist upon separation and often resolve matters in a matter of months rather than years.

5. Relationship

In addition to the financial toll of litigation, there is a significant emotional toll. Litigation is, by definition, an adversarial process. Your lawyer’s job is to act as your advocate to emphasize the best parts of your case and the worst parts of your former spouse’s case. This may seem appealing, but only until the opposing party puts their case before the court! Litigation is often hostile, stressful and time-consuming. Preserving and improving family relationships while reaching mutually-beneficial solutions is at the heart of mediation.

Emily Anderson