Mediation vs Litigation
– what’s the right fit for you?
If, you’re experiencing the collapse of your marriage, and you’re checking us out, I command you. I know that you are not someone who’s plotting your divorce to be contested and stretched out. You respect yourself too much to do that. And as hard as this is, you do not want to do this for your ex either.
What you want is for your divorce to end as soon and as humane as possible.
But you’re not sure whether your relationship is deemed “amicable” or whether mediation is the right path for you.
This should help you:
Fit for mediation
Litigation may be a better route
The thing about mediation is that you can always check in with a lawyer at any point in the process without actually being involved in litigation. But keeping the bulk of the discussions within the mediation realm will ensure that you keep your divorce amicable, humane, and cost effective.
One last point, mediation gives you autonomy. You both decide what is good for you, your kids, and your financial well being. You are not under the mercy of the man (or woman) in the black gown.
TDS Mediation: What you Should Know
We call our mediation process the Constructive Divorce 5 Step Mediation.
- We start by collecting financial disclosure
- We meet each of you individually to go over your assets and liabilities and help you prepare for the joint mediation
- You are sent home with homework, like doing a budget, and brainstorming different options for the mediation
- You and your spouse meet with us at the joint mediation. This is where the agreements are made
- The last step is drafting, signing, and filing the paperwork that reflects the agreements you made in mediation
We usually start by setting guidelines for our meeting. We value people’s time and their investment in our mediation, and setting guidelines helps everyone stay on track.
Then, you and your spouse come up with an agenda of topics you want to reach an agreement on. Those usually include, support payments, selling the home, dividing RRSP’s, etc. You choose one topic to start with, you tackle them one by one. Often, 2 or 3 topics are connected, and so mediation makes it so effective to discuss them in real time.
Your mediator will ask you questions, keep you focused, and make every effort to balance the discussions. You can picture everyone in the room climbing a mountain together. We all move steadily at the same pace towards the North Star-reaching a settlement that is agreeable by both of you.
Mediation can be helpful in cases regarding financial transactions, family matters, divorce, compensation, or any other matter which does not require complex legal procedures or evidence.
This forum allows them to remain in control, to be able to influence decisions, and not have the outcome imposed upon them. Mediation is a confidential and voluntary process and the role of the mediator is to encourage the spouses to discuss all aspects of a divorce and reach a decision about the future.
The spouses decide the divorce terms together while the mediator remains impartial, ensuring that they discuss all topics pertaining to the divorce.
Mediation is a less stressful and less costly alternative to court, the benefits of mediation are countless, and is a foundational part of our Simple Family Property Division and Complex Family Property Division divorces.