What is mediation and what are its benefits in a divorce?

By LegalMatters Staff • Many divorced couples rely on mediation to reach agreement on many important issues. These include: the division of property, assets and debt; spousal and child support; decision-making responsibility (formerly custody); and visitation rights.

“The separation process can be overwhelming and filled with acrimony, especially if there are children or sizeable assets involved,” says Edmonton family lawyer Sean Schaefer. “Moving ahead may seem impossible without the court’s assistance. However, there is another solution that is now mandated in Alberta: mediation.”

He says mediation allows both parties to have control over the process and reach a result tailored to their needs while saving time and money.

“Before mediation begins, the parties must exchange financial disclosures and provide copies to the mediator, who is a neutral third party,” says Schaefer. “This information is crucial when it comes to informing the mediator about the monetary issues being negotiated.”

Once the mediation starts, he says the mediator will guide the discussion, inviting input from both sides and asking questions or obtaining more information when needed.

“As the talks progress, the unbiased mediator may be able to suggest compromises that the couple did not consider before,” says Schaefer. “That usually does not happen immediately, so participants must allow enough time to find a solution that is acceptable to both ex-partners.”

The mediator then prepares a separation agreement based on the agreed terms, he says, and  each party must meet with their own lawyer to sign the agreement in front of them.

“If settlement negotiations fail, other non-litigious methods can be used,” says Schaefer. “They include providing the other side with a written proposal and attending a settlement meeting.”