
Divorce options in Ontario
The traditional divorce journey can be financially and emotionally traumatic on families. As marriages/partnerships have shifted over-time, so have expectations about how parents and childless couples should handle their divorce proceedings. The traditional divorce process is adversarial in nature (each party vs. the other), and involves lawyers negotiating/arguing on their clients behalf. While this can work for some people, for the majority of divorcing Ontarians, this is a huge financial drain and ends in traumatized families.
What’s the alternative? A better option is Family Law Mediation. Divorcing couples with children, who want to co-parent successfully, can benefit greatly from Family Mediation, because they are building an agreement that will secure the terms of their children’s future. Additionally, couples who are childless but share pets, finances, and other assets can also benefit from the same planning. Parties who have the opportunity to negotiate their separation agreement at the mediation table, are more likely to follow it (i.e. not go back to court), and spend significantly less money on the entire process.
How can Family Law Mediation help? Divorcing couples are given the tools and opportunity to negotiate while having the Mediator there to guide the conversation. The Mediator can give suggestions, provide legal information, give resources and will tell clients when to get independent legal advice. The Memorandum Of Understanding that the Mediator is writing, will be written in good faith and will be legally bindable.
Imagine having the power and ability to amicably separate and plan a future for your children, pets, businesses and finances, without dragging each other through the court system. With a well-trained Family Law Mediator helping guiding the parties, you can.
What is the Mediation Process?
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Initial Contact and Screening
At this stage one or both parties will start the mediation process by contacting the Mediator. During this time the Mediator will screen for power-imbalances and decide if the parties are ready/appropriate for mediation.
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Joint-Mediation
At this stage the parties meet with the Mediator to negotiate in a safe environment. If the conversation breaks down, the Mediator may suggest shuttle mediation where parties are separated and the Mediator moves between them. This stage of the process is where the majority of work is put in.
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Separation Agreement
Once all outstanding issues are discussed and negotiated, the Mediator will write the Memorandum of Understanding (MOU) and give it to the parties. Then the parties will get independent legal advice and will ask one of their lawyers to turn the MOU into a Separation Agreement. Now you can jointly file for divorce in court!
