Sometimes, the circumstances of a family law case require the involvement of a Judge. For example, the parties cannot agree on an important point of law and their deadlock can only be resolved by a Judge who makes a decision on the legal point. Or, by way of another example, parents disagree on what is best for their child and a decision has to be made quickly to address the child's best interests.
There are many family law cases, however, in which mediation is a viable option to address the many issues which result from relationship/marriage breakdown.
Here are our 3 Excellent Reasons to try mediation in a family law case:
1. You and your spouse get an opportunity to discuss difficult and sometimes uncomfortable topics in a safe, moderated setting - a skilled mediator will assist in organizing, pacing and moderating the discussion of the outstanding issues. Often, spouses approach a breakdown of a marriage or relationship at a different pace - a skilled mediator will factor that into how the sessions are organized and ensure that no one is pushed into discussions for which they are not ready;
2. You get a chance at designing your future - Mediation is a process in which both parties have a chance to participate actively in crafting their settlement. They can do so on their own with only the mediator present or they can attend mediation with their respective lawyers. One way or another, they can and should engage in active discussions, with the mediator and with each other (as moderated by the mediator). This active engagement, through actual discussions, is not something that the court process generally accommodates.
3. Mediation can be an empowering process - you get a chance to "say your piece" - you can get across your point of view on the issues and provide explanations for the positions you are taking. A mediated discussion can be much more dynamic, much more of a dialogue, than the litigation process, for example, where generally speaking, each side presents their position and a judge makes a decision.
Mediation is not suitable for every case: - it is definitely not an option where there is a power imbalance between the parties. Appropriate (mandatory) screening will determine whether a particular case can proceed to mediation.
If you are interested in mediation and would like names of skilled mediators in your geographical area, please contact the office and Carolyn will be happy to provide you with referrals. We have experience with many mediators throughout the GTA and surrounding areas.
There are many family law cases, however, in which mediation is a viable option to address the many issues which result from relationship/marriage breakdown.
Here are our 3 Excellent Reasons to try mediation in a family law case:
1. You and your spouse get an opportunity to discuss difficult and sometimes uncomfortable topics in a safe, moderated setting - a skilled mediator will assist in organizing, pacing and moderating the discussion of the outstanding issues. Often, spouses approach a breakdown of a marriage or relationship at a different pace - a skilled mediator will factor that into how the sessions are organized and ensure that no one is pushed into discussions for which they are not ready;
2. You get a chance at designing your future - Mediation is a process in which both parties have a chance to participate actively in crafting their settlement. They can do so on their own with only the mediator present or they can attend mediation with their respective lawyers. One way or another, they can and should engage in active discussions, with the mediator and with each other (as moderated by the mediator). This active engagement, through actual discussions, is not something that the court process generally accommodates.
3. Mediation can be an empowering process - you get a chance to "say your piece" - you can get across your point of view on the issues and provide explanations for the positions you are taking. A mediated discussion can be much more dynamic, much more of a dialogue, than the litigation process, for example, where generally speaking, each side presents their position and a judge makes a decision.
Mediation is not suitable for every case: - it is definitely not an option where there is a power imbalance between the parties. Appropriate (mandatory) screening will determine whether a particular case can proceed to mediation.
If you are interested in mediation and would like names of skilled mediators in your geographical area, please contact the office and Carolyn will be happy to provide you with referrals. We have experience with many mediators throughout the GTA and surrounding areas.
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