What is Mediation?

Mediation is an alternative dispute resolution process to litigation or court proceedings. Mediation is considered a private process because both parties agree to use a neutral third party to help them design their own solution to family issues. It is useful in solving financial disputes, such as child support, spousal support, or property division, as well as parenting disputes, including the creation of parenting plans. Once an agreement is reached, it can be turned into minutes of settlement or an enforceable separation agreement. Mediation is also effective for negotiating cohabitation agreements or marriage contracts.

There are two forms of mediation: closed mediation and open mediation. The parties agree on whether the mediation will be open or closed at the time that the family mediator is retained. If the parties decide to keep the family law mediation closed, the report and the mediator cannot be used as evidence in court. Many GTA mediations are closed because it encourages the parties to work towards a resolution without either party having anything they discuss coming back up if the resolution cannot be achieved with this option and the parties later have to go to court.

Advantages of Mediation

Mediation is an option at any time, even if one of the parties has already commenced court proceedings. The idea is to ensure that a resolution is reached, and, with the help of a family mediator, the two parties can hopefully do so without having to go to court. Litigation in the courts can get messy, and ultimately the parties lose control over the resolution because the decision is made by the judge and not the parties themselves.

If the parties agree on the resolution through the mediation process, the family law lawyers will advise their clients on the settlement terms and prepare the formal agreement of these terms. The lawyers will work to address any other legal matters that may not have been addressed in the mediation so that when the agreements are signed the dispute is completely resolved out of court.

Since the mediators do not make any decisions for the parties (unless they are given the authority to arbitrate the matter), the decisions are left in the hands of those who are most affected by the decision. When the family mediator is involved in the decision-making process, they are acting as an arbitrator, which is a different type of conflict resolution process.

There are some benefits to using mediation as a method of resolving disputes. The main reason is that it is a less adversarial approach than litigation, which can help the parties find strategies to improve their communication and maintain a long-term working relationship with one another. With many family issues, the parties have to deal with each other in the future, and preserving that relationship as much as possible is very important. Mediation aims to find a resolution that works for both parties so that both parties are satisfied with the outcome. Plus, it is usually quicker and saves both parties more money.

Contact us today and get assistance with your GTA mediation to handle your family law issues.