British Columbia Judge Recommends New Oversight of Mediation
July 28, 2016 by West Coast ADR
A court justice overseeing a particularly contentious divorce has made the difficult decision to step aside and allow a different judge to take over the case, according to local sources. The British Columbia judge has become frustrated with a divorce that, despite efforts at mediation, has continued to drag on thanks to “heavy-handed” tactics employed by both spouses. The judge believes it is in the best interest of the couple’s young daughter that another judge take over.
According to the report, the couple’s case has brought about the most contentious and adversarial elements of the divorce process. Both spouses have frequently asked the judge to mediate over very specific elements of their settlement, from determining the efficacy of co-sleeping to deciding where the child, age 4, should go to school. In addition to these issues, the couple has consistently acted hostile and confrontational to the point at which the judge referred to their conduct as “nonsense.”
Thankfully, this is not the usual for family law cases. However, some experts have pointed out that, particularly in cases where children are involved, this sort of irrational behaviour can become the norm. In this particular case, the judge believes he has become a “known quantity” and the couple could benefit from a fresh perspective.
It is an unfortunate fact that some divorces are bound to be contentious, and some even hostile. In cases like these, it can benefit British Columbia couples seeking divorce to find legal professionals who can assist in mediation throughout the process. While emotions are bound to run high, the support of a professional can mean the difference between an ugly battle and a relatively amicable settlement.
A court justice overseeing a particularly contentious divorce has made the difficult decision to step aside and allow a different judge to take over the case, according to local sources. The British Columbia judge has become frustrated with a divorce that, despite efforts at mediation, has continued to drag on thanks to “heavy-handed” tactics employed by both spouses. The judge believes it is in the best interest of the couple’s young daughter that another judge take over.
According to the report, the couple’s case has brought about the most contentious and adversarial elements of the divorce process. Both spouses have frequently asked the judge to mediate over very specific elements of their settlement, from determining the efficacy of co-sleeping to deciding where the child, age 4, should go to school. In addition to these issues, the couple has consistently acted hostile and confrontational to the point at which the judge referred to their conduct as “nonsense.”
Thankfully, this is not the usual for family law cases. However, some experts have pointed out that, particularly in cases where children are involved, this sort of irrational behaviour can become the norm. In this particular case, the judge believes he has become a “known quantity” and the couple could benefit from a fresh perspective.
It is an unfortunate fact that some divorces are bound to be contentious, and some even hostile. In cases like these, it can benefit British Columbia couples seeking divorce to find legal professionals who can assist in mediation throughout the process. While emotions are bound to run high, the support of a professional can mean the difference between an ugly battle and a relatively amicable settlement.