Going through a divorce or separation can be the scariest time in your life. The legal steps that need to be taken to formalize a divorce or separation, especially if minor children are involved can be even more daunting. However, the alternative to litigation to go through the legal steps aforementioned is to mediate. Some argue that it is the better of the two options. In this paper, I will discuss how Mediation is different from Litigation in divorce, what makes mediation so effective, whom mediation will not work for, and finally where we can find Mediation services in the Simcoe County area.
Mediation is a process in which an impartial third party meets up with the two sides in the divorce together. Within the process, the parties discuss and may come to a mutually agreed upon result to , custody and access arrangements for any minor children, child/spousal support, division of property, division of debt, and any other details that need to be resolved when a relationship such as marriage ends. Anything that is agreed upon in the meeting with the mediator can be made into a legally binding agreement between the two parties that can enforced but can be appealable at a later date if one of the parties wishes to change any of the terms (Weiman, 2001).
The main difference between Mediation and Litigation when it comes to divorce is that the divorcing parties mutually agree upon all the items that are to be separated. There is no judge that will make a final decision, only the couple. The couple agrees upon what they want to do with each other, with the help of the Mediator keeping the couple on track. In mediation, there is no other parties involved outside of the Mediator, and the couple involved. Which is opposite with how many people are involved when it goes through litigation. In court proceedings, there is the Judge who makes the final decisions, the counsel or each side of the divorce. There is no one that is looking out for the couple’s emotional...