If you’re going through divorce in Ontario, then you have a variety of choices to make, not the least of which is the process by which you end the marriage. Many spouses go to court to litigate, and this process may be the only truly effective way to resolve your disputes and protect your rights and interests, including your interest in the matrimonial home.
However, if you and your spouse are on equal footing — meaning that both of you have comparable incomes and equal bargaining power, and domestic violence is not an issue — then an out-of-court process may be the best way of coming to a settlement. Divorce mediation is one increasingly popular way for Canadian couples to end their marriages.
Mediation involves an impartial third party who helps the spouses resolve their legal differences out of court. These could include disputes over matrimonial property, spousal support, child support or any matter related to divorce.
A major benefit of mediation is that the process is private, and mediation does not involve the same procedural requirements as a court of law. Consequently, many divorcing couples find the process more comfortable and more cost-effective than going to court.
The reality, however, is that divorcing spouses must choose the process that is right for their situation. Mediation is not appropriate in every case, and a family law and property division lawyer with mediation and courtroom experience can help you make a decision that is right for you.
For more than 20 years, Elliot S. Birnhoim has been helping to protect the rights of family law clients. For more information on family law mediation, please visit MatrimonialHome.com.