As an alternative to litigating a divorce in a British Columbia court, mediation is an effective way for divorcing spouses to resolve contentious issues. Divorce mediation is a process by which all important matters can be addressed in negotiations that are facilitated by a qualified divorce mediator. Although such a mediator could be a lawyer, he or she must be neutral and may not provide either party with legal advice.
The sole purpose of the divorce mediator will be to provide the platform and encourage peace negotiations in which both spouses can speak their minds and raise their concerns. He or she will not impose solutions but allow couples to find their own. Along with issues related to property division and child-related matters, couples may discuss any other concerning subjects. The mediator will guide couples to compromise when necessary and work toward drafting a settlement agreement.
In most cases, mediation brings to light the underlying concerns of people, and once those are understood, solutions are quickly found. Divorcing spouses that manage to find agreement and negotiate a settlement agreement on their terms often feel their newly acquired negotiation skills empowered them. It could also prepare divorced parents for child-related talks in the future.
Even though divorce mediation avoids litigation, each party is entitled to have an experienced divorce lawyer to provide valuable input and guidance during mediation. A lawyer can also ensure that the settlement agreement complies with British Columbia family laws. Once both parties have accepted and signed the agreement, it can be presented to the court for approval.
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Source: familylaw.lss.bc.ca, “Mediators:“, Accessed on March 3, 2017
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