Mediation

Divorce/Family Mediation – The Benefits
The benefits that are achieved by mediation as it relates to
family breakdown and divorce are both tangible and intangible. More and more
people are considering mediation as a smarter and more beneficial means to
settle disputes especially around divorce and separation. It is a much more
productive environment and has a very high success rate.
Let’s look at some of the “tangible” benefits first.
Tangible Benefits of
Mediation
- Money.
In most cases the financial cost of mediation can be far less that a
protracted legal battle.
- Time.
Mediation is going to be a much faster process because it is, for the most
part, dependent upon the availability of the participants as apposed to
court dates and judges decisions that can literally take months and
sometimes years.
- A
plan of action. Mediation allows flexibility and a more personalized plan
of action which allows for things to take place in an orderly fashion
accommodating both parties and others.
Intangible Benefits
of Mediation
- Control over outcomes. When you go
before a judge you are in fact “rolling the dice” and hoping the judge is
going to see it your way. Good or bad, you have to live with the judge’s
decision. A mediated settlement
gives you control over outcomes, outcomes you agree to and can live with.
- Objectivity. When embroiled in
conflict it is very difficult to be objective and perhaps pragmatic in
terms of what is or isn’t reasonable. The mediator can help parties “see”
the situation without the emotional baggage which often is the key to a
successful mediation. This allows for true insight and enhances a
resolution that benefits everyone.
- Emotional Health. Because
mediation allows for parties to “air out” issues that are important to
them, the essential need to be heard and understood is met allowing for closure around many issues and
can cause lingering bitterness and taint outcomes.
In summary, mediation makes sense for most conflicts. This
is even truer when it comes to family divorce and or separation matters.
When you consider the time, money and emotional costs
involved in court actions, mediation or some sort of collaborative solution is
almost always the best rout to take. The decision to go the mediation process
doesn’t necessarily mean or even imply some sort of restored relationship, a
“lets be friends” type thing, but just a smarter way of handling disputes.
Mediation – Why It Works
Approximately 85% of conflicts that employ mediation end
with a positive resolution, that being that both parties have come to agreement
around a particular conflict. Why the great success rate? There are a number of
factors that play a roll in this, they are;
Predisposition
Both parties are predisposed to settle out of court. This
doesn’t necessarily mean the parties actually desire mediation but see it as
the lesser of two evils. Maybe there are kids involved and the parties are
motivated to protect them or maybe it’s a financial decision. It could be a
time factor or a host of other reasons that have nothing to do with genuinely
desiring to sit down and work things out. The point being that there is
motivation on both sides of the conflict for resolution outside of a court of
law.
Environment
A court of law has everything to do with the law and very
little to do with what may or may not be the right or best way to resolve a
conflict. A court, for the most part, seeks only to uphold the law which in
many cases has little or nothing to do with justice or the feelings or consequences
of any decision it makes. The law is the very blunt instrument.
Mediation, while it must account for the law, allows for
people to work out their conflicts themselves with the help of a trained
professional. The power remains with the parties involve and not the courts.
Being Heard
A person’s chance of being “heard” is often an essential
ingredient of why mediation is successful because it meets the very primal need
of the parties in conflict to say what they want to say and be understood
without having necessarily to “prove” or “defend” how they feel or see matters
concerning the conflict.
Healthier Emotional
Outcomes / Closure For Both Parties.
One major reason that mediation works is that that which was
agreed to seldom falls apart and ends up in court down the road. Why? Besides
the obvious reason, that being, that the parties worked out the agreement
themselves is that there was a sense of closer.
There are few issues left unresolved in the mediation
process. Courts can bring legal closer to a conflict even with appeals etc. but
usually do not bring emotional closer which can affect the lives of those
concerned for years after the court has made its decision. Mediation can help
bring emotional closure and reduce or eliminate the bitterness that can result
from court proceedings and unresolved issues.
Mediation Ottawa – How It
Works
The mediation process in Ottawa
is no different than anywhere else, just as Ottawa
mediators are no better or worse than any other major centre. The process is
basically the same where ever you are.
Generally what happens is one or both parties in a conflict
typically will want to avoid litigation, which can be very expensive and
divisive and so they will seek out a mediation lawyer or a mediation service.
There are lots of good ones in Ottawa.
Often when one party wants to go the mediation route they
will contact the other party themselves directly or if it is necessary, have
their lawyer or mediator approach the
other party in the conflict to see if they are open to mediation.
Both parties can retain access to legal advice and representation from their
lawyers, if they want to, throughout the mediation process, and litigation
still remains on the table as a final option if required.
The Mediation Process
Once the terms of the mediation are agreed to by both parties the mediator will
create a formal document to be signed by both parties setting out who will
attend mediation, who the mediator will be, the agreed fee as well as the time
and place where mediation process will be carried out.
The Pre-Mediation
Generally
mediators will schedule a separate pre-mediation meeting with each participant
to determine the perspective of each client concerning the conflict, the facts
surrounding the conflict and will pay attention to personal dynamics at play
between the parties involved. This is where any questions about the process can
be asked and answered.
The Actual
Mediation
The
mediator will basically listen and guide the process to facilitate increased
understanding between the participants. They will use problem-solving
techniques aimed to help participants reach win/win solutions remembering that
the goal is to come to find solutions that both parties are in agreement with.
The mediation session can last 2-3 hours with a second meeting scheduled if
necessary.
The Follow-up
Generally,
if the parties agree, the mediator may follow-up a few months after the
completion of the mediations to see how things have gone and to be of further
assistance if required.
In
summary, most Ottawa mediation
services will be of great benefit for those who are seeking resolution without
litigation. Some lawyers will refer mediators or they themselves, having been
trained in mediation, will carry out mediation process themselves either way,
mediation is the preferred way to handle conflicts if at all possible.
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Collaborative Law
This section is under development.
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Negotiations
This section is under development.
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