Why Choose Mediation for your Divorce or Separation?

What is Family Law Mediation – Very simply, Family Law mediation is a non-adversarial process in which separating or divorcing spouses choose to meet with a neutral, professional mediator who will help them to apply friendly, creative and win-win negotiation tactics to arrive at lasting solutions to their Family Law concerns. Their jointly negotiated terms can then be included in a Separation Agreement, which will govern their family law affairs into the future. 

When resolving family law disputes, mediation offers a practical, respectful, and future-focused alternative to Court proceedings. There are several compelling reasons why many separating couples choose mediation over litigation. Here are four key reasons to choose mediation.

1. Cost Efficiency – Cost management is one of the most significant advantages of mediation. Most non-Court dispute resolution processes are far more affordable than Family Court proceedings. Family Court matters involve numerous mandatory filings, procedural steps, and ongoing appearances – in which each stage can cost thousands of dollars. Once Court proceedings are commenced, they continue until a final Order is made. Discontinuing your Court claims can result in you paying the Court costs of remaining parties to your case. Abandoning your Court claims can lead to Orders being made in your absence, sometimes with devastating consequences. 

Mediation, by contrast, is a client driven process. Depending on the services available in your area, it can proceed with or without the ongoing participation of divorce lawyers. You and your spouse can control the pace, level of cooperation, and efficiency of the process. With limited paperwork or filings and flexible requirements for documentation production, mediation allows you and your spouse to determine the level of evaluation and negotiation that serves you, without being tied to mandatory expensive steps. Less hostility will, almost always, mean less time and less money will be invested in the process.

2. Respectful and Solution Focused – Mediation is also a more friendly and respectful resolution process. Court proceedings require parties to highlight each other’s flaws and weaknesses, often forcing damaging allegations into formal records. This can harm children, personal wellbeing, and future co-parenting relationships. Mediation is non-adversarial, encouraging collaboration, mutual understanding, and solution-focused discussions in a safe and supportive environment.

Your family law mediator will perform intakes to confirm that you and your spouse should be able to work together effectively, without power balances or intimidation. Your mediator can customize an arrangement that makes both participants feel most comfortable and productive. Whether it is selecting a setting, seating arrangement, support persons, expert advisors or other arrangements that enhance your calm, confidence and creativity, your family law mediator will seek to optimize your experience and outcome.

3. Enhanced Future Dealings – Many separating spouses share children and must continue to cooperate after they have separated and divorced. Family law mediation helps its participants to build skills around effective, civil and purposeful communication. Your mediator will provide tools and coaching around successful communication, listening and solution generation that can be used in your mediation and in the external context. The skills that you gain will support healthier long-term communications and relationships, and improved outcomes for both parents and children.
4. Privacy – Privacy is a, sometimes overlooked but profound, benefit of Mediation. Most Family Court proceedings are open to the public, and Court documents may be accessed from the Court by any third party, unless a Court file is sealed. Family law disputes often involve deeply personal and sensitive information. Most people would like their family law details to be kept as private as is possible. The requirement for privacy increases if you have a business or public profile within the community that depends on goodwill – goodwill that can be damaged by concerning family law disclosures.

Mediation occurs in a private forum, where information is shared only between you, your spouse, your mediator, and anyone else you jointly choose to involve. Without the parties’ consent, the mediator can only disclose information shared in the mediation context in certain rare circumstances, in which the participants agree, or the law requires disclosure to prevent specified harms. For example, one exception would be where a failure to disclose could lead to a threat to life or safety. The confidentiality afforded by mediation can protect your privacy, safety, reputation, the welfare of your business, your community standing and your peace of mind.

These are just a few of the benefits of Mediation. The Family Law Lawyers at Bair Family Law approach our work with the view to generating solutions, restoration and healing. We support non-Court options for resolution whenever they are available. We educate our clients as to these options, including the often excellent choice of mediation, at our very first meeting. For more information, don’t hesitate to contact Bair Family Law.

Tessa M. Bair, Senior Lawyer Tessa M. Bair, Senior Lawyer

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The information contained in this blog is provided solely for general interest; may not reflect current legal developments and should not be relied upon or construed as legal advice. Online readers should not act upon any information in this blog without first seeking professional advice. The sending or receipt of this information does not create a solicitor-client relationship between the reader and the content creator. For specific, comprehensive and up-to-date information, or for help with a particular factual situation, you should seek the advice of a family law lawyer.