Couples often encounter various legal issues during a separation, which are complicated by emotions and conflict. Therefore, to lessen legal fees and avoid contentious litigation, pursuing alternative dispute resolution methods, such as mediation, can help parties work together and develop tailored solutions to resolve complicated issues. Mediation allows parties to explore problems and corresponding solutions with the assistance of a neutral third party, often a senior experienced lawyer who is well versed at all of the legal issues at play and ways to solve them.

This blog explores the transformative process of mediation for family law issues in Ontario, shifting the focus from confrontation to collaboration. Whether you are thinking about separating or have started the separation process, it is essential to speak with an experienced family lawyer as soon as possible to understand your rights and options regarding dispute resolution.

Litigation or Mediation?

Traditional litigation is often considered the natural next step after separation or divorce when parties are unable to bridge gaps in issues between them. However, litigation can be a costly, time-consuming and contentious process. Litigation can be necessary in certain circumstances, particularly if there are highly contentious issues or a history of family violence. Litigation leaves decision making to a Judge who will solely decide how a problem is resolved. Moreover, once a matter is in court, it will often be public in the sense that a third party may be able to review a decision and information that might otherwise be confidential as between parties. As such, court may not be ideal for either party and may not remedy the underlying issues.

On the other hand, mediation puts the parties in the driver’s seat and encourages communication and participation. It is also confidential. As families grapple with divorce, parenting issues, and child and spousal support, the mediation process offers a path toward amicable resolutions, fostering communication and understanding among the parties. Mediation empowers individuals to participate in the decision-making process actively and can help preserve relationships for the well-being of all family members. Further, allowing parties to have their positions heard, and the ability to meet everyone’s needs by determining a mutually satisfactory settlement often encourages parties to adhere to such terms without further dispute.

Benefits of Family Mediation

In Ontario, family law mediation has become a popular alternative dispute resolution method for those seeking to resolve issues without the acrimony of a courtroom battle.

Participation

Mediation requires both parties to participate, communicate, and identify their needs while making concessions where possible and appropriate. For mediation to proceed, separated couples voluntarily choose to come to the table to talk about and resolve their issues. As such, with the mediator’s help, parties are in control of both the process and the outcome.

Mediation also allows parties to preserve relationships and minimize conflict and emotional distress while amicably resolving issues. This can be particularly important when children who require ongoing parenting and support are involved.

Flexibility

From choosing a mediator, deciding on a mediation location (i.e. in person or virtual), and determining unique terms of a tailored settlement, mediation is a flexible and informal approach to dispute resolution.

Mediation can also be utilized to resolve issues that arise even after an agreement is reached. Often, people will agree to address reviews of various issues, such as support or parenting via mediation so that they can try to resolve the dispute in a non-adversarial creative manner.

Consensual

It is important to note that mediation is a consensual process requiring parties to agree on the outcome. If a settlement is not agreed to, a final decision is not imposed on the parties, as the mediator does not have the authority to render a binding decision. The mediator’s only role is to facilitate the mediation, aiding parties in the exploration of issues and settlement options and facilitating communication between the parties.

Contact Boulby Weinberg LLP in Toronto for Exceptional Family Law Mediation Services

Oren Weinberg is a mediator and lawyer who is a Certified Specialist in Family Mediation (FDRP Med.) as designated by the Family Dispute Resolution Institute of Ontario (FDRIO). As an experienced mediator, he offers integrity, patience, and unbiased guidance through the mediation process. Oren strives to understand each party’s needs, feelings, and interests while fostering a collaborative environment.

An experienced mediator demonstrates integrity, patience, and a lack of bias. They require good listening skills and work to understand each party’s needs, feelings, and interests while fostering a collaborative environment during mediation.

Boulby Weinberg LLP is a top-tier Toronto family law firm that provides valuable advice on a full range of family matters, including property division, parenting issues, and child and spousal support. To schedule your mediation or arrange a consultation on any family law-related matter, please complete our online questionnaire or contact the firm at 647-494-0113 ext. 102.