Mediation is increasingly being used as an option to settle divorce cases; you may be looking for a divorce mediation lawyer to help protect your rights. Family law mediation is being encouraged by the Ontario government as a potentially faster, less costly, and less adversarial alternative to court.

During divorce mediation, a third-party mediator works with both sides to help create an equitable separation agreement. The mediator can be a qualified lawyer, or trained non-lawyer. The client can choose to attend the mediation sessions or have their divorce mediation lawyer attend on their behalf.

Navigating the Many Decisions When you Separate or Divorce

Going through a separation or divorce can be a very emotional experience. Especially if you have been together a long time, have a lot of assets (or debt), or have children.

You need to make many decisions that will affect your future, including child custody, parenting time, financial support (spousal support or child support), who keeps the home, cottage or other properties, and how you divide up your treasured possessions. 

While these decisions can be difficult to negotiate, many couples find the mediation process can help keep lines of communication open, and introduce more empathy and understanding into the process.

When Do You Need a Divorce Mediation Lawyer?

Couples can choose to mediate without their lawyer present, but it’s a good idea to consult your family before you mediate, and to review the mediated agreement before signing.

A divorce mediation lawyer can help:

• Prepare you for the mediation process.

• Provide advice on the types of terms you should ask in regards to specific circumstances in your divorce.

• Provide independent legal advice during the mediation process to ensure your rights are properly protected.

• Review the terms of the proposal and provide recommendations on changes if needed.

When is Mediation a Good Option for Divorce?

Mediation is a particularly good option for couples with a fairly high level of agreement at the start of the divorce. If there are only a few disputes to work out, mediation can help provide a quick and smooth resolution. You may only need your divorce mediation lawyer to review your agreement and provide legal advice throughout the process.

However, mediation isn’t just for “simple” divorces. The mediation process has been proven to work in acrimonious divorce cases. In these instances, a divorce mediation lawyer may be more involved, providing support and advice, and even representing their client directly during the mediation process.

You can try mediation to avoid going to court, before you start a court case, or even any time during your divorce proceedings.

When Might you Need to Go to Court (or Litigate)?

Litigating your divorce in court can be a lengthy process. However, you may need to go to court if you cannot agree to terms during the mediation, if one spouse refuses to mediate, or if one party in the mediation wishes to challenge the agreement. 

You can also choose to go directly to court if you do not feel safe meeting with the other party to discuss your issues or if you feel your spouse may be hiding assets or not negotiating in good faith.

Contact Sutherland Law when you need a Divorce Mediation Lawyer

The Sutherland Family Law team has a wealth of experience negotiating divorces, both in court and through the family law mediation process. We work with you to get the best possible outcome on child custody and access issues, child support, spousal support, property division and more. Contact us today or get started online.

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