What Happens If Mediation Is Unsuccessful?
What Is Divorce Mediation?
Divorce can be an emotionally charged and difficult time – if you and your spouse are going through a divorce, you may want to see what your divorce mediation options are in Calgary. Parties to the divorce need to decide how they want to proceed with defining their post-divorce relationship.
Mediation is a method of resolving disputes that is becoming increasingly popular, in part because it provides parties with a great deal of control over their case at a lower cost than traditional litigation can provide.
Divorce is stressful and can be a very difficult time for everyone involved. It can also be costly and time consuming. If you are considering a divorce, it’s best to properly sort out your family matters so that you can avoid having to go through the court process.
Why Choose To Mediate?
Divorce mediation in Calgary is an important option because it defines, in a collaborative communal way, all the aspects of divorce. It allows each party to have their needs met in a safe setting without animosity and without having to “fight” in front of the judge. Many times, you will also be able to come up with solutions that you might not have thought of otherwise.
Listed below, are some of the further benefits of divorce mediation:
- Mediation enables each person to have a better understanding of their spouse’s position,
- Mediation minimizes interpersonal conflict,
- Mediation results in a more realistic outcome for both parties,
- Mediation speeds up the process by which you reach agreement on an issue, and
- Mediation reduces the cost of the divorce by reducing court fees and lawyer fees.
Mediation offers another way to resolve a divorce that moves couples through divorce with greater dignity, respect and control. By allowing each party to speak for themselves during mediation, both parties are fully heard and understood in their own terms.
What Happens In A Mediation Session?
Mediation can be described as a process in which a third party, the mediator, helps two people or parties with a dispute come to an agreement that they would not have reached on their own. In mediation, the mediator will try to help both parties see things from the other’s point of view, and help them reach an agreement.
Divorce mediation in Calgary is held in a private and discreet setting where disputing parties are available and comfortable. The mediator will have all the documents from both sides of the dispute, and will be well informed of the reasons why they are involved in the dispute.
What Happens When Divorce Mediation in Calgary Fails?
The concept behind mediation is that it allows both spouses to try to reach an agreement without going through the lengthy court procedures. When going through mediation it is important for both spouses to be reasonable and cooperative. It is impossible for the mediator to force either spouse to come up with a compromise on their own, if one or both are unwilling to do so.
A mediator can only keep the two parties engaged in the process and maybe help guide them towards some middle ground which seems agreeable by both sides. If you’re in the process of trying to mediate your divorce, there are no guarantees.
Mediation isn’t always successful. There can be a number of reasons that cause the mediation to fail. It may be because one spouse no longer wants to be cooperative or perhaps one spouse is simply not interested in coming to an agreement at this time.
When divorce mediation is unsuccessful, however, it is up to the mediator to perform an evaluation in order to determine what caused the failure. When a divorce mediator completes the evaluation, the mediator must then prepare a written report for each of the separated spouses.
This is done in order to allow each spouse to be all that they can be as they go through the rest of the divorce process. If using a mediator does not resolve the issues, you can resort back to divorce court to hash it out with a judge.