Going through a divorce will always be an emotional and stressful experience. It is not uncommon for divorce proceedings in Alberta to become a competition in which each party fights to win at any cost. Sadly, the courtroom experience can sever any possible post-divorce relationship there might have been between former spouses, while also damaging relationships between parents and their children.
However, alternative dispute resolution, such as mediation, provides a platform for couples to discuss all contentious issues and even compromise when necessary. Discussions are facilitated by qualified divorce mediators who can keep the parties focused on reaching solutions rather than on winning or losing each battle. The aim will be to ultimately draft a divorce agreement to present to the court and, thereby, avoid decisions being made by a judge who has no knowledge of the unique dynamics of the family.
Not only is divorce mediation a less stressful and traumatic option, but it is also less costly and time-consuming than litigation. The role of a divorce mediator is to facilitate communication without providing legal advice. For this reason, each spouse may have a legal representative present during mediation sessions.
Divorce need not be the traumatic experience so often reported by former spouses across Alberta. The skilled support and guidance of an experienced family law professional can help the client to make sure no issues are left unaddressed. He or she can also ensure that the client's viewpoints are heard and that the final agreement is fair and in compliance with the requirements of the law.
Source: thespec.com, "Legal Matters: The role of a mediator in a divorce", Aug. 23, 2016