Is There Anything that Can Hurt Mediation Attempts?
April 20, 2016 by West Coast ADR
Divorce mediation is built on a spirit of cooperation and a desire on the part of both parties to work toward a low-conflict separation. While this can be extremely helpful for both the parties’ and any children’s well-being, it’s not always easy. Sometimes people go in to a mediation thinking they will be able to work out an agreement but then find that their negative emotions take over.
Feelings of anger, frustration, disappointment and betrayal are all common during a divorce, but any time these feelings start to come into your settlement discussions, it can have a negative effect and decrease the chances of coming to an agreement. One thing that can especially hold mediation attempts back is spying on your ex’s communications and behaviors online.
Many couples are privy to each other’s online social media accounts and passwords while the relationship is still intact. If one party does not change the passwords, it can be very tempting for the other to log in in an attempt to see what the other person is doing or what they are saying about the divorce.
While the law is still catching up to the increase in technology and social media and how that can affect divorce proceedings, it’s best to avoid spying on your ex through these online means. In addition to making it more challenging to come to a settlement agreement in mediation, it may also be illegal.
If you believe that your ex is engaging in behaviors that may have a very real impact on your divorce settlement, such as hiding assets, it’s best to talk to your attorney. This allows you to ensure any potential evidence is collected through legal means and able to be presented in a British Columbia court if needed.
Source: FindLaw.com, “Is spying on your spouse legal?,” accessed April 20, 2016
Divorce mediation is built on a spirit of cooperation and a desire on the part of both parties to work toward a low-conflict separation. While this can be extremely helpful for both the parties’ and any children’s well-being, it’s not always easy. Sometimes people go in to a mediation thinking they will be able to work out an agreement but then find that their negative emotions take over.
Feelings of anger, frustration, disappointment and betrayal are all common during a divorce, but any time these feelings start to come into your settlement discussions, it can have a negative effect and decrease the chances of coming to an agreement. One thing that can especially hold mediation attempts back is spying on your ex’s communications and behaviors online.
Many couples are privy to each other’s online social media accounts and passwords while the relationship is still intact. If one party does not change the passwords, it can be very tempting for the other to log in in an attempt to see what the other person is doing or what they are saying about the divorce.
While the law is still catching up to the increase in technology and social media and how that can affect divorce proceedings, it’s best to avoid spying on your ex through these online means. In addition to making it more challenging to come to a settlement agreement in mediation, it may also be illegal.
If you believe that your ex is engaging in behaviors that may have a very real impact on your divorce settlement, such as hiding assets, it’s best to talk to your attorney. This allows you to ensure any potential evidence is collected through legal means and able to be presented in a British Columbia court if needed.
Source: FindLaw.com, “Is spying on your spouse legal?,” accessed April 20, 2016