Mediation vs. Court
When a marriage falls apart parties are expected to not only deal with their heartbreak, but the monumental task of dividing assets and finances. Traditionally, parties have braved the court process to make these decisions as it was the only option available to them. Court is unfortunately expensive and time-consuming. Thanks to the availability of Family Law Mediation, divorcing parties have the option to negotiate the terms of their separation agreement on their terms with the help of a mediator!
What are the Pros and Cons of court?
According to Legal Aid Ontario divorcing parties can expect to pay anywhere from $5000 to well over $25,000 in legal costs. These costs are usually the result of retaining lawyers, application fees, and court costs. The sad reality is that the more you must fight, the more it’s going to cost you.
Time restraints are also a major factor! Wait times for uncontested divorces in Ontario are currently 4-6 months, while contested divorces can take years to settle in court. This is one of the major reasons why courts will ask at the outset if parties have tried mediation to settle their issues. Some parties may qualify for court provided mediation to speed up the process (in situations where the parties’ incomes qualify). For those who wish to argue their compensatory case before a judge, they may find themselves waiting for several years before they get a final divorce decree.
Which brings me to the next con, you are at the mercy of a judge to divide your assets. While yes judges are fair and impartial third parties, they must make decisions based on the law, the legal merit of each party’s arguments and the facts of the case. These factors take the decision out of the hands of divorcing parties. While this is much needed in cases of high-conflict and/or domestic violence, it can reek havoc on the lives of those who can’t afford a good lawyer or have a weaker legal argument.
How is mediation different?
For parties who have the ability to negotiate and are willing to do the leg work, mediation is an excellent option to finalize their divorce while saving money. According to legal aid Ontario mediation has an average cost of $5,000. Further parties who work together to exchange financial disclosure and don’t contest the divorce can have a divorce decree granted 10-12 weeks after filing with the Superior Court (again this is based on court times).
This can lead to major cost savings, agreements that work for both clients and a timely divorce!
Curious to learn more about family mediation and divorce? Call me today to book your FREE consultation at 647-482-4987 or email me at info@erfmediation.ca.
During your FREE consultation, we will discuss the specifics of your case, what to expect from mediation, and your next steps/options!
