Mediation
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What is mediation?
A mediator is a 'facilitator'. The parties sit down together with a mediator, who is specially trained to help people work out their own solutions to their problems. The rules in mediation are the same as in court: no yelling, no screaming, no sarcasm, no name-calling. Often couples who feel they cannot communicate in any circumstances are surprised to find that they can in fact deal with each other with the assistance of a mediator.
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Granted, mediation is not for everyone. If there is a significant imbalance of power between the parties, then mediation might not be the right forum through which to attempt to resolve outstanding issues. This 'imbalance' might arise if there has been considerable abuse, either psychological/emotional or physical, during the course of the relationship. As well, mediation might not be appropriate if one or both parties have serious substance and/or alcohol problems, or mental health issues.
Potential Advantages of Mediation
Financial Cost
Going to court can be financially draining. Mediation can often prove to be a significantly less expensive option. I offer mediation services at reasonable rates for those who wish to deal with the issues that arise upon separation in a cooperative and civil manner and avoid the perils of litigation.
Emotional Cost
There is another cost to the judicial process that should be considered: the psychological cost. Court can be emotionally draining. The court process is adversarial. Many unkind things are done, many unkind words are spoken in an effort to persuade the court to accept your side of the story. It is so important to salvage a decent rapport if there are children involved. It becomes difficult if not impossible to salvage a decent, civil rapport after protracted, acrimonious legal proceedings.
More Power to the Parties
When people go to court, they rely on a third party (a judge) to make decisions for their family. A judge knows very little about the history of the relationship and the family dynamic. Nonetheless, people will rely on this individual to decide issues that can have an enormous impact on the family unit, including the children. The mediation process allows the parties to negotiate and, hopefully, come up with mutually acceptable compromises. In the mediation process, both concerned parties get to make their own decisions regarding their families--decisions with which they will most likely be more satisfied.
Mediation is an option that should at least be considered. Mediation can be quicker, less painful, and less expensive than litigation. Whatever transpires in mediation stays in mediation. One can walk away from the mediation process whenever one wishes, without fear of later reprisals. There is little to lose from trying mediation. There is, however, potentially a lot to gain.
As an accredited family mediator with the Ontario Association of Family Mediators, I can assist parties in reaching a time-effective and cost-effective resolution of the issues without recourse to expensive litigation.
Mediation is an option that should at least be considered. Mediation can be quicker, less painful, and less expensive than litigation. Whatever transpires in mediation stays in mediation. One can walk away from the mediation process whenever one wishes, without fear of later reprisals. There is little to lose from trying mediation. There is, however, potentially a lot to gain.
As an accredited family mediator with the Ontario Association of Family Mediators, I can assist parties in reaching a time-effective and cost-effective resolution of the issues without recourse to expensive litigation.
FAQs About Mediation
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What is the cost of mediation?
The cost of mediation will depend on a variety of factors: the nature and complexity of the issues; the dynamic between the parties; the willingness of the parties to compromise. Blake's hourly rate as an accredited family law mediator is $300.00. How long the process takes, how many sessions required, will depend in large part on the parties.
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