It gives you and your spouse a way to settle the conflict between you in a forward looking way that helps you to work together as responsible parents motivated by protecting the best interests of your children. It is extremely important with children that matters are settled amicably and the participants move on amiably – as each participant will likely continue to interact with their ex-spouse after they are separated. Divorce Mediation facilitates productive communication between the couple, which can then also be essential when they have to discuss future issues pertaining to their children. Lack of effective communication may also have been one of the main reasons for the divorce, so mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and in our experience it can frequently help to make their post-divorce relationship better than their married one.
One advantage of mediation is that a divorce mediator is a neutral facilitator and doesn't "work" for either party.
What an experienced mediator will do is to assist the divorcing couple in formulating ideas and options that can eventually lead to agreements that can be maintainable. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. As both spouses are working with the same base of information, it usually takes far less time to negotiate a solution that makes sense to both divorcing spouses.
Divorce Mediation is entirely voluntary though and is also client centered. Mediations can be conducted weekly, bi-weekly, monthly or how ever often the participants choose. It is understood that the pace of the mediation process is decided by the participants.
No two divorcing or separating couples are the same – everyone is an individual and has unique circumstances in relation to their personal relationship and its breakdown. The length of mediation therefore depends on how acrimonious the divorce proceedings, what issues have been agreed to prior to mediation and those issues that need to be addressed during divorce mediation. Also, the amount of time spent in mediation is contingent upon you and your spouse's willingness to come to agreements that you both consider are reasonable.
Some separating couples may just have an issue or two to resolve, others have a multitude of issues, complex financial circumstances and further issues that complicate matters. We are experienced in assisting in all these matters with a focus on resolving issues as timely as possible with the caveat of leaving “no stone unturned” and ensuring that all options are completed exhausted. You and your divorcing spouse may be able to narrow the issues that need assistance outside of the mediation process, nonetheless if these discussions cause any discord, we recommended that you avoid engaging in these conversations until the mediator is present to assist and provide you with the information that you both may need in order to keep communications productive.
Typically at Re:Solve Mediation, a mediator will meet with each participant first and foremost and gather all the information required including copies of all financial statements. We collate all the information and then schedule a joint appointment (or a separate appointment – if shuttle mediation is preferred).
During this/these session/s the divorce mediator provides participants with all the necessary information required for the participants to negotiate their agreements with the mediator’s assistance. Once an agreement on all issues is reached the Mediator prepares the Memorandum of Understanding outlining all of the participants agreements, and issues a Certificate of Mediation to the participants.
Our rates are very competitive and the fees are typically shared equally between the parties. In most cases, the parties retain one mediator whose focus is on assisting the parties in arriving at mutually agreeable fair & reasonable decisions. Litigation typically involves two lawyers and can result in expensive drawn out court-based proceedings.
Many Divorce mediations may only require a joint session or two over a short period of time.
The process is private and the communications confidential. In court, litigation can be attended by the public who are able to listen to the detailed specifics of your separation and divorce.
It is the participants that agree and decide upon their arrangements rather than having decisions imposed upon them. The advantage being that both parties will feel heard, respected and satisfied – rather than there being the perception of winner / loser. In our experience, this leads to a more harmonious future relationship.
Especially important where separating spouses have children… Because a divorce or separation is often a stressful time if handled confrontationally it can be an especially upsetting experience for children. Effective future communication between separating parents keeps the upset to a minimum, for all concerned – and this is where divorce mediation helps. It’s important to remember, no one parent loses or wins in a divorce or separation when it comes to their children – they always remain your children. However it’s the relationship with your children that needs to be maintained – and the perceived future relationship with their other parent remains an important part of their sense of overall well-being.
