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Will Meditation Work for Every Separation?

August 17, 2016 by West Coast ADR

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.

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