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Everything You Should Know About Divorce Mediation in Canada

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Everything You Should Know About Divorce Mediation in Canada

Divorce is rarely a civilized process, especially if children are involved. After all, the process demands emotional labour from the separating parties, which will only take longer if they’re not on good terms. In a country like Canada, divorce lawyers handle some of the most critical issues, including child custody and support, that must be resolved first. This is where Divorce Mediation comes in.

Divorce Mediation refers to a process wherein the separating parties agree to have a third party help them resolve their issues. This can be done through counselling or mediation. If a couple can work on the separation process with a mediator, it’s easier for them to reach a mutually acceptable agreement. However, this is not always possible, especially if the mediator can’t get through to both parties. Few people know how it works, but we’ll discuss the specific details in this article.

How Family Dispute Resolution Works

Family Dispute Resolution (FDR) is a term the Canadian government uses to describe the parties’ processes of resolving their issues. This refers to all mediation, counselling, and arbitration used to resolve their differences.

It’s important to note that the family members are hiring a mediator, counsellor, or arbiter. You’ll have to pay the mediator out of your own pocket, and some people may shy away from it, but it’s an integral part of this process. You must keep the mediator in your good books and not become too argumentative because they will be able to help you make a decision. As such, you’ll have to sit and talk to each other amicably even if you don’t want to.

New Legal Obligations

On June 21, 2019, Parliament changed the Divorce Act that affected FDR. These changes have been in effect since March 1, 2021.

You’re not required to court for resolution options, especially for mediation, because it’s already available to you from the beginning. However, the new aspect to this is that you must use FDR to resolve your family law issues if you feel that you need it.

Additionally, your legal advisor has to encourage you to try to resolve issues through FDR unless deemed inappropriate. While this might not seem reasonable, it becomes an avenue for both parties to make the separation process easier.

Solving Issues by Agreement

It’s tough to bring up issues civilly when it’s time to end a marriage, but you must know that you will have to compromise. There’s no way around it, especially if you have children or want to keep your relationship amicable.

Mediation is an excellent tool for divorce because you can use it to clear problems and discuss options. If you’re amicable, you can discuss your relationship’s end and come to a solution. If you can’t, you’ll have to go through the court, which is more cumbersome and formal.

For example, if you can’t agree on a custodial agreement, you can use FDR to discuss the choice between the two parents. If you can’t come up with an agreement, then you’ll have to submit the case to court. You can also use FDR to discuss child support payments if you can’t decide.

Getting Legal Information and Advice

You can contact a family law lawyer even if you decide to file for divorce. You can do it as a simple case if you have no children. If you have children, then it might be a little more complicated than that.

A lawyer is an excellent source of information because they know the ins and outs of the legal process. They can give you advice, help you with paperwork, and fight for your rights in court. They can help you explore your options and save time, money, and energy. However, the best way to use your lawyer is to have them help you reach an amicable agreement with the other party. If you don’t know where to start, your lawyer can help you fill out the paperwork, discuss the options, and help you to reach an agreement with the other party.

Finding the Right Lawyer

When looking for a lawyer, you must choose one that’s reputable and experienced. At first sight, that might seem like an easy task, but you have to think about the future. You don’t want to settle for a lawyer who isn’t good just because you’re in a rush. However, you don’t want to look up lawyers on the other side of the country. If a lawyer is too far away, they might be unable to assist you in time. As such, it’s best to work with one who can get to you fast, especially if it’s on short notice.

Conclusion

Divorce is never easy, but it doesn’t have to be a nightmare. If you can use FDR to mediate and resolve issues, it becomes easier to reach an agreement. This will positively affect you and your family, so you can never go wrong with it.

If you’re looking for a divorce lawyer in Abbotsford, Pathfinder Law can help you! Our legal experts also specialize in construction, employment, and business laws, so we can help you with almost everything. Simply go to our website to book a consultation!

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.