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Mediation Can Help With Child Custody Agreements

July 12, 2016 by West Coast ADR

Divorce is already a challenging process, but those problems can be exacerbated when children are involved. British Columbia residents are keenly aware of how difficult child custody agreements can be to hammer out in a courtroom setting. Thankfully, several litigation alternatives exist to help parents agree to custody terms, including mediation.

In child custody cases, both parents are entitled to raise issues as the custody agreement is in the process of being constructed. They are also entitled to challenge changes made to this agreement at a later time. Once a parent makes the decision to issue a challenge, the other parent is required to respond. This can happen in one of several arenas, each with their own benefits and drawbacks.

The principal options include litigation, meaning going to court, a collaborative divorce, direct negotiation with representation outside of the courtroom and mediation. Mediation actually involves meeting with a neutral third party chosen by the parties to negotiate and resolve issues between those parties. While both parties are still represented by their lawyers, mediation offers a means of resolving thorny divorce issues without resorting to litigation.

Ultimately, no couple undergoing divorce wants the decisions made during the process to negatively impact their children. In British Columbia, it can be very helpful for both parties to determine whether mediation, litigation or a collaborative divorce would be the best fit for their situation. In every case, both parties will have the benefit of a separate family law attorney to help make child custody decisions that reflect the best interests of the child or children involved in the divorce proceedings.

Source: thespec.com, “Separated parent: Do I have to attend mediation with former spouse?“, Gary Direnfeld, July 4, 2016

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