Thursday October 20, 2016

5 Reasons to Choose Mediation when you Separate

Authored by: Peter D. Crowther Posted in: Family Law

Are you wondering whether Mediation is right for you?  Here are five advantages to choosing Mediation instead of the courts.

Privacy is Assured

In the mediation process, all of the parties involved sign confidentiality agreements, and everything disclosed during the divorce process remains between the parties and their advisors. Divorce need not entail the public airing of the parties’ finances and personal lives.

 Non-Adversarial

The court system is inherently adversarial: each party is trying to put their best case forward while attacking the other party’s case, with a goal of being the “winner”, not the “loser”. This can lead to a high degree of acrimony and bitterness that may linger for years. Mediation allows the parties to treat each other with dignity and respect. The non-adversarial aspect of mediation will be especially beneficial when there are children involved. 

Control over the Process

The parties have no control over the process in a divorce hearing, and a third party judge will be making decisions that can impact your life for years into the future. The results can be unpredictable and court is a risky option for parties who would like a degree of control in the outcome. In mediation the parties negotiate to arrive at an agreement that is tailored to their needs and circumstances. Mediation requires that both parties participate in the process, and recognizes that parties are more likely to follow an agreement that they have helped create.

Quickness to a Resolution

Court dates are not easy to come by, and it can take a number of attendances at court before the finalization of a divorce. Using mediation, the parties can move forward at a pace they are comfortable with, and can reach a resolution when they are ready to do so.  Parties who choose mediation often reach a resolution much faster than parties who proceed through the courts.

Avoid Costs Arising from Prolonged Court Proceedings

Since using the court system almost inevitably prolongs the divorce process, costs can start to add up quickly. Parties who use mediation can avoid the substantial costs that arise through a lengthy divorce proceeding. 

Mediation is not appropriate for everyone. You can contact us to discuss other options with one of our Family Law lawyers. 

To discuss Family Law mediation, please contact Peter Crowther.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Thursday November 7, 2019

Trademark Basics: What is a Trademark?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Canadian trademark practice is evolving every year due to technological advancements in brand marketing and changes in the law itself, whether through legislative amendments to the Trademarks Act or as a result of new judicial interpretations.

Read full article
Blog Post | Tuesday October 8, 2019

Supreme Court finds Crown owns Copyright in Land Surveys

Authored by: Marc J. Belliveau Posted in: Intellectual Property

It is not often that our Supreme Court of Canada (“SCC”) decides a copyright case. So, it’s always exciting to read their latest thoughts on the interpretation of the Copyright Act (“Act”).

Read full article
Blog Post | Tuesday September 17, 2019

What are Statutory Damages for Copyright Infringement?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

When you sue someone for copying your original work of art, music, drama or fiction without your permission, it’s often difficult, time consuming and very costly to calculate and prove the full amount of your financial losses.

Read full article
Blog Post | Wednesday August 28, 2019

What’s the Buzz in Music Plagiarism Lawsuits?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

During the last century, composers, musicians and their copyright lawyers held a traditional belief and legal understanding that copyright infringement lawsuits related only to stolen lyrics and copied melodies, but not for more abstract compositional elements.

Read full article