There is no such thing as an amicable divorce, according to someone. Separation and divorce, on the other hand, function best when you can agree on everything.
Bringing a case to court should only be done as a last option. It can be costly, and the court’s ruling might not be what you desire. In actuality, neither party may want it. It’s also expensive, and fighting about the valuation of television might end up costing you more in legal expenses than the item itself. But that does happen when two individuals start fighting.
Helpful reading: divorce mediation checklist
This is when mediation enters the picture.
What is Mediation?
Mediation allows you to have greater control over the arrangements that arise as a result of your divorce. During a separation or divorce, mediation is a required element of the legal procedure. You and your ex-partner are assisted in resolving concerns by a highly certified mediator. The mediator is impartial and assists you in reaching agreements throughout your divorce, such as child custody and financial matters. Separated spouses may find it challenging to reach an agreement because these are frequently very sensitive topics.
You’ll usually have two to six sessions of mediation if you need it. You could need legal guidance as well, so bring your Barrie Divorce Lawyer along to the meetings. Before awarding a divorce, a court would often want proof that you attended mediation, or that you attended the initial assessment meeting and it was found that mediation isn’t suited for you. Make sure your Barrie Family Lawyer is present at every hearing so that he or she can provide you with all of the information you require in court.
If you go to court, the judge will make the judgments, whether or not you agree with them. A mediator can assist you in resolving a conflict and gaining a new perspective on the problem. Mediation may assist with issues like assets and childcare arrangements, as well as longer-term arrangements including step-families and grandparents.
Mediation Initial Assessment Meetings
A Mediation Initial Assessment Meeting is the initial phase (MIAM). It can assist assess if mediation sessions are good for you (for example, you may have already achieved an agreement and are both pleased, so you don’t need any more mediation), and the mediator may report to the court that mediation isn’t required.
Meetings can be held together or separately with your ex-partner. However, if you prefer to come together, the mediator will talk with each of you individually.
Is Mediation for Everyone?
If you go to court and haven’t tried mediation or at least an introductory meeting, you’ll almost certainly be asked to do so. However, there will be times when mediation is not viable, such as when there is a claim of domestic violence or when a person is in danger. When you and your mediator reach an agreement, your mediator will draught a Memorandum of Understanding for everyone to view. It is not legally binding, but as a Consent Order, it can be made so in court.
If the parties’ circumstances change, they can go back to the mediator to amend the agreement. Even if a legally binding agreement isn’t reached, it could be worth trying a mediator before going to court. Divorce is a difficult situation, and mediation may be quite beneficial when the mudslinging begins. It’ll always be less expensive than going straight to court, and you’ll have a higher chance of getting the result you desire.