Preliminary Steps for Divorce Mediation

Some single people may celebrate their divorce anniversary years after the fact, and some former couples even celebrate their divorce anniversary together, as it marks the beginning of their relationship as platonic friends or co-parents, but no one considers divorce a joyous occasion while it is going on.  Your divorce does not have to be a scorched earth battle, though.  In fact, the laws of Ontario make it possible for many couples to get divorced without the court doing anything except signing to make the couple’s decision official.  Divorce mediation in Canada does not take place in court, and mediators are not judges.  The divorce mediation process is less expensive and less stressful than getting divorced in court.  If you and your spouse have decided that you want to divorce through mediation instead of in court, contact a Mississauga family lawyer.

Be on the Same Page With Your Spouse

No one can make a unilateral decision to get a divorce through mediation.  It requires the participation and cooperation of both spouses.  It is possible to get through divorce mediation successfully even if there are many issues to resolve about property division and parenting time; the complexity of your case is not what determines whether your attempts at mediation will be successful.  It is enough if you and your spouse agree that you do not want to be enemies and that you want to hire one lawyer, jointly, to guide you through the divorce mediation process.

You and your spouse must decide whether you want your mediation to be open or closed.  Both open and closed mediation sessions take place outside of court, with only the spouses and the mediator present.  The difference is how many documents the court will have access to.  You and your spouse must also agree on which divorce mediator you want to hire.  The ideal choice of mediator is a family lawyer whose practice includes mediation cases.

Make Things Official With Your Mediator

After you choose your mediator, the mediation process cannot begin until your mediator also chooses you.  At the first meeting, the mediator will talk to the spouses together or separately.  After that, he or she will decide whether the case is appropriate for mediation.  The mediator will refuse to represent the couple if there has been domestic violence in the relationship, if the parties refuse to cooperate with each other, or if there is a power imbalance in the relationship that could jeopardize a fair outcome of the mediation.  If any of these conditions apply, the couple should divorce in court.

Submit Financial Disclosures to the Mediator

Once you, your spouse, and the mediator have agreed to work together, you can sign a mediation agreement, and you are almost ready to begin.  Before you can begin negotiating about how to divide your marital property, you must submit financial disclosures to the mediator, so he or she knows which marital property you are dividing and can be sure you account for all of it before signing a settlement agreement.

Contact Zagazeta Garcia LLP About Divorce Mediation

A family lawyer can help you navigate the divorce mediation process if you choose to divorce through mediation.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

ontario.ca/page/family-mediation