Family mediation is a process in which parties can negotiate different terms with respect to their divorce or separation in the presence of a certified mediator. The third party is there to ensure that a respectful and open dialogue in order to come to an amicable agreement on either all or some aspects of the separation, namely custody, support payments the division of assests. This allows the parties to work together to ensure that the children’s best interests are taken into account while simultaneously building a strong foundation upon which they will proceed with their arrangements.
Considering family mediation is still not as it should be, there are several myths that surround the entire process, which we are about to debunk!
Myth 1: Our situation will not change just by talking about it with someone else.
FACT: It often does, work, and you have nothing to lose, it is certainly worth a try.
Myth 2: I won’t be able to open up because the mediator is going to judge me.
FACT: Mediators are not there to judge, they are there to guide. A mediator is the third-party present during your discussion with your partner. They are trained to listen and guide your discussion so that you and your partner can have a productive conversation. They are not there to judge or shame you or your partner for the past, they are there to listen to all your needs and wants, and guide you both to an agreement.
Myth 3: My situation is too complicated to be solved by going through a mediator.
FACT: Mediators have encountered a vast spectrum of cases and are trained to help. If there is a will, there is a way. Mediators are trained professionals who have experience and qualifications that allow them to do this job. No one’s marriage, nor divorce, is exactly the same. If they have not heard of your exact situation, they have heard a variety of others that share many similarities. The mediator is there to listen and help mediate the different issues.
Myth 4: Mediation is too expensive and pointless.
FACT: There is a program offered by the Ministry of Justice that provides a number of free mediation sessions. Mediation is an alternative method to resolution that allows couples to avoid going to court. Even though there are free sessions offered by the Ministry of Justice, the cost of mediation is much less than the total cost of the litigation process with lawyers in order to come to an agreement.
Myth 5: If I do mediation with my partner, I don’t need a lawyer.
FACT: Always consult someone who knows the law! Divorce is a process that is governed by specific rules and case law. Although mediation is a great way to reach an agreement, we recommend consulting with a best family lawyer in Montreal before you start the process in order to understand your rights. This will allow you to negotiate with more confidence. We do offer mediation coaching where we guide you on the side lines and coach you through the process, and remain available in between mediation sessions. It is always best to know your rights before coming to an agreement about important future life plans. A lawyer will allow you to better understand your rights as a parent and allow you to come to a fair agreement.
Read More: Confidentiality of Family Mediation