Mediation – Expectations VS Reality

Sep 23, 2022 | Blog

You are going through a separation, of any sort, and you’re wondering what the heck does this actually look like? Because you know other people who have separated but mediation is new to you! We will take you through the common expectations vs the reality of mediation!

Mediation as conflict compromise and solution management tiny person concept. Disagreement and fight communication settlement with help from third party vector illustration. Business deal conversation

Expectation – Mediation can only be for couples looking to separate.

Reality – There is no limit to the arenas in which Mediation is applied! It can be used for Personal Injury, Motor Vehicle, Trade Disputes, Contracts, Employment, Tax/CRA, Insurance, Community Relations, medical and more!

Expectation – If you were the one to hire a mediator then they will be on your side.

Reality – A mediator acts as a neutral third party, with an unbiased view! They side with both parties to try and come to a peaceful agreement. 

Expectation – Mediation will cost the same as litigation. $$$$

Reality – Mediation is way cheaper than litigation! Mediation can be 6 x cheaper than Litigation! $ 

Expectation – Mediation will take way too long! 

Reality – Mediation takes only as long as it take to come to an agreement! Which can be just a few weeks! 

Expectation – Separation is argumentative no matter the case! Using mediation would be no different! 

Reality – You would be surprised how much more peaceful mediation can be, having the help from someone who wants what’s best for everyone will make all the difference! Our clients recognize that high quality mediations provide more balanced settlements and retained valuable business relationships.

Expectation – Nobody uses mediation, going to court is the best way to solve a separation! 

Reality – Mediation is now the prefered method of dispute resolution. It is a much quicker process than litigation that leaves the decisions to the separating parties instead of a judge.

Expectation – I can’t use mediation because I have children!

Reality – Family mediation is the preferred method of conflict resolution, as it can be more peaceful and promotes working together. If you can work together and meet somewhere in the middle, rather than working against each other, then you can keep the child(ren) at the heart of the case. And why wouldn’t you want that!

Expectation – Once you start a mediation process, you have to stick in it until the end. 

Reality – Nobody is keeping you from staying along with the mediation process, if you choose to leave, you can withdraw from the process at any time! 

So all in all, the harsh reality of mediation is that there is no harsh reality! Mediation is a great way for anyone to separate, and luckily, Legal Boutique is here to help – contact us today and let’s get things started.

Additional Posts

Do I need a separation agreement if we don’t have kids?

Do I need a separation agreement if we don’t have kids?

Yes. Even without children, a separation agreement is vital to formally "waive" or set the terms for spousal support and to finalize the division of property and debts. Without a signed agreement, your ex-spouse could potentially...

How do I prove our separation date to the court?

How do I prove our separation date to the court?

If your date of separation is challenged, the court looks for "external markers" of a breakup. This includes moving into separate residences, changing your marital status on CRA filings, notifying bank or insurance providers, or—most importantly—having that date...

What happens if my spouse won’t sign the separation agreement?

What happens if my spouse won’t sign the separation agreement?

If a spouse refuses to sign, we first look at the "Why." Often, it is a lack of information or a feeling of unfairness. We use "Shuttle Mediation" to address these concerns privately. If the impasse remains, you may need a lawyer to send a formal offer, but most...