Divorce can be a turbulent experience for both parties involved, as well as any children a couple might share. This should come as no surprise to British Columbia residents who have experienced the challenges associated with divorce, particularly those of a contentious nature. However, many options are available to help smooth the road to a mutually-beneficial final agreement, including the services offered by divorce mediation.
In mediation, both parties retain their own counsel throughout the divorce proceedings, even if those proceedings are not brought before a court. This is important because divorce law can be extremely complicated, and the services of a trained attorney can help each spouse understand his or her rights and responsibilities under the province’s laws. However, when the time comes to hammer out the final details, so to speak, this is where the support of a mediator might be most welcome.
In mediation, the mediator acts as a neutral third party to help facilitate lines of communication between the spouses and their respective representatives. The intent of mediation is to help limit conflict and tension as the couple approaches the end of their road to divorce. This can be very helpful in cases in which children may have been involved in proceedings, as they tend to be most deeply affected by a contentious divorce.
Obviously, British Columbia residents will agree there is no one right way to conduct a divorce. However, in seeking information about mediation and other options to help ease the transition, a couple can work towards a more positive understanding and mutually beneficial solutions. This allows the entire family to move forward with their lives more quickly and efficiently.
Source: thejewishnews.com, “Mediation Lawyer Helps Couples During Divorce“, Judy Greenwald, July 22, 2016
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.
When parents in British Columbia go through a divorce, it may be difficult to keep the best interests of the children in the forefront. Divorce may involve a tangle of emotions, and many decisions made at the time are often intended to last for decades after the papers are signed. However, when it comes to child custody arrangements, parents may need to allow a great deal of flexibility as children change and grow. Mediation allows parents to arrive at a more fluid schedule that can change over time.
An infant boy who is still nursing needs more time with his mother. However, when he is a teenager, he may benefit from spending more time with his father. Parents who have created a plan that can adapt through those changes are more able to make parenting decisions as a team instead of having their lives ruled by a court document.
Even day to day alterations to schedules can be made if the parents remain open and cooperative. If a child has a school project or homework, he or she may prefer to stay at one parent’s house rather than going to the other. Likewise, if one parent wants to take the children on vacation, a flexible schedule can allow for that change in plans.
During mediation, parents can leave a parenting plan vague enough to adapt for natural changes that occur as life progresses and children grow. Parents in British Columbia who are facing divorce may wish to speak to an attorney about mediation. An experienced lawyer can answer their questions and guide them through the options for making this emotional time less stressful.
Source: thestar.com, “Parenting after divorce easier with flexible scheduling“, Brandie Weikle, July 28, 2016
Mediation, like other forms of alternative dispute resolution, can be a time and money saver for those about to separate. Instead of hiring a legal team and facing off in court, using a mediator allows for a simpler, more harmonious exit for both parties. But how does a couple decide if it is right for them? Here are a few factors to consider for anyone contemplating mediation in British Columbia.
First, it is important that each individual is willing and able to communicate in a reasonable manner. Mediation will not work if there is an excess of animosity or either party insists on antagonizing the other. Clearly, an abusive relationship is not a likely candidate for any kind of alternative dispute resolution.
Second, there must be a degree of trust still left between the two parties. For example, if one does not believe his or her partner is hiding anything, such as secret bank accounts or other concealed assets, no forensic accounting is likely necessary. When all joint assets are laid out in plain view, a mediator can work with a couple to establish a fair division. Finally, it is important to go into mediation with both parties believing the process can work. If a couple has tried a form of mediation or counselling in the past without success, there is likely no reason to imagine it will work now, but for those couples who have previously worked through some of their issues, mediation offers one last opportunity to work together for a mutually agreeable separation.
A contested divorce, like many legal undertakings, can be costly in terms of both time and money. Lawyers, paralegals and accountants are all professionals who may need to be hired, all of whom will bill for fees and expenditures. One should also factor in the cost, both tangible and otherwise, to oneself for taking time from work or giving up spare time to appear in court and at appointments. Before resigning oneself to an unwanted outlay of money, it might be worth considering mediation through a British Columbia family law firm as an alternative to litigation.
By the time a marriage has deteriorated to the point where divorce seems like the only option, it may seem to the soon-to-be-separated couple that relief is near at hand. The truth is divorce is not an easy process for anyone, no matter the circumstances of the relationship. For those over 50 years of age, matters are even more complicated. It may be, though, that mediation can help to streamline and simplify things.
Typically, middle-aged couples have been married for many years. Though children are not likely to be a concern, possessions that have accumulated will be. Also, over time, assets and income become intertwined, and extrication from the resulting web of finance can be time-consuming and stressful. Money can also be a factor when it comes to sorting out finances; the cost of filing a subpoena for records in British Columbia or having accountants troll through statements can be exorbitant, and someone has to pay those bills.
A divorce is an emotional event with some experts likening it to experiencing a death in the family. Separation means not only the end of a relationship, but it may also mean the loss of income, lifestyle and possessions. While mediation may not make it any less upsetting, men and women who mediate instead of going to court may expose themselves to less hostility and will hopefully make decisions in a better frame of mind than they may have otherwise.
For those couples who have not become entirely estranged, going through the divorce process with a family law firm may be an option. Mediation allows for the possibility of a calm and reasonable exit from a relationship that no longer works. Using an experienced mediator knowledgeable about British Columbia law may help make the step from an old life to a new one easier to take.
Source: Star News Online, “Divorce after 50“, Melisa Riley, Sept. 1, 2016
Celebrity divorce stories are seemingly an everyday occurrence. The latest break-up to hit the tabloids and the internet gossip sites is that of the world-famous Hollywood couple, Angelina Jolie and Brad Pitt. In their story, we can see one of the key reasons to consider mediation when going through a divorce, even for regular citizens of British Columbia.
The two actors have both stated publicly how important their children are to them. That said, it may be interesting to see what role the children play during the divorce proceedings. For many couples, children can become unwitting pawns during a separation.
For couples splitting up, however, the well-being of any children should be a priority. Parental duties persist, even after marital responsibilities have ended. As one expert points out, even after a divorce, ex-spouses must still share space with each other at events for the children such as birthdays, graduations and even weddings. Doing so after contentious litigation could be very uncomfortable for everyone involved.
Emotions sometimes run high during a divorce, and this can lead to fighting. Protracted court battles may seem like the only way to ensure one gets what he or she feels is fair, and they can also be used to further upset the other person. It is good to remember that a family doesn’t end when a marriage does. It is possible to have a healthy family life after divorce if everyone involved has their feelings treated with respect during the process. Mediation with the help of a family law firm familiar with divorce law in British Columbia might be the best way to achieve this goal.
Source: parade.com, “Divorce Watch: What Can We Learn from the Jolie-Pitt Journey?“, Dr. Nancy Berk, Sept. 21, 2016
There’s a saying that goes, “no man is an island.” The same is true of a married couple; the decisions a husband and wife make together impact those around them, especially their children. If the decision is to get a divorce, more than just their two lives are going to change. For some British Columbia families, mediation may help to ease the transition.
When a family splits into pieces, the upheaval can be difficult on everyone, but especially on children. Young children may not be emotionally equipped to understand exactly what is going on with their parents. They are, however, sensitive to the emotions around them.
For teenagers, this can be an especially trying time. Changing where they live, where they go to school and even who their friends are is challenging emotionally, and teenagers are more likely to develop a mental illness during a time of many changes. Even adult children of divorce (popularly known as “ACODs”) can also suffer. Some parents may find themselves turning to their kids for support if they view them as adults, when it is in fact the children who need support from their parents.
According to one expert, a child’s ability to recover from a divorce depends in part on how the parents deal with the separation. For some couples, pursuing a divorce through mediation may offer the best way toward a less painful divorce. By working together with a family law group here in British Columbia, it may be possible to find a separation solution that makes everyone involved feel a little better.
Source: The Sheridan Sun, “I now pronounce you ‘ACOD’“, Kennedy Coltherd, Oct. 9, 2016
