Ideally, there should only be winners from mediation, because the process is designed to deliver a divorce settlement that both parties are prepared to sign up to. However, this is not to say that both parties will emerge from mediation delighted with the result, as it’s likely both sides will have to show a degree of compromise in order for an agreement to be reached. But mediation gives both spouses the opportunity to get their voices heard and to raise issues they want tackled. It’s the mediator’s responsibility to ensure both sides get a fair hearing in a mediation session. There are no time constraints on mediation, and discussions can be held over a series of days or weeks, until both parties can agree on a settlement.
At no stage will either side be expected to agree to something they feel isn’t right for them. But all parties should be prepared to enter into mediation with a spirit of compromise dominating everything they do and say. And once an agreement has been jointly signed, it is legally binding and enforceable, just like any other divorce judgment.
Ken Maynard CDFA, Acc.FM
I help smart and successful couples, create separation agreements with clarity and soft landings for secure futures, in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs. You can work with me by video conference or with a DTSW associate at any of our 6 DTSW Greater Toronto mediation centers, including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough.
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