British Columbia Divorce Information

Happenings in the world of divorce

How Does Mediation Divorce in BC Work?

by admin - October 7th, 2011.
Filed under: Divorce in BC.

Divorce in BC as in the world over, are usually long drawn affairs when the spouses do not see eye to eye and every issue snowballs into a showdown of sorts. The best solution to these issues is using a mediator, who as a neutral party, will attempt to resolve the issues with the minimal heartbreak to both parties. Using the services of a mediator is also called as alternative divorce. But what about divorces applications based on mutual consent?

Mutually agreed divorce applications as a rule will not have any issues to be resolved. Generally divorce issues that become contentious are custody of children, support to the spouse as well as child and division of property. In the case of a mutually uncontested divorce in Canada the main issues such as the above are resolved before even applying for the application.

Only if all the issues are resolved will it be considered as an uncontested divorce application. If the issues remain unresolved, the services of a mediator would have to be hired. This means additional costs and investment of precious time and effort. Considering the emotional state of mind, it would seem next to impossible to be running from the mediator and the daily routine or work and coming face-to-face with the estranged spouse. It would indeed be very traumatic and would cause further angst amongst the opposing parties. Thus mediation Divorce in BC as is common in most parts of the world works out to be expensive affair, over and above the actual costs of the divorce.

Besides the emotions will run raw, as each issue is raised by the neutral party, going over every single detail that had caused all this pain, to be revisited as a part of resolving the main issues of a divorce. The issues of custody of the child or children and the rights to access or spend time with the children will break down all open channels of communication. Thus the process becomes prolonged and the recurring costs of the mediator are added to the overall expenses of the divorce. Most divorce in Canada which are contested go the mediation way, as a quicker and faster means to resolve the issues as compared to the settlement offered by the court.

Thus mediation increases the costs of divorce. Thus a third party who was not a witness to any of the hardships the spouses experienced through their married life is overlooked and an arbitrary decision reached. A professional whose main aim to get both the egoistic spouses into resolving the painful issues would remain neutral about the emotions involved and would not be a fair decision as far as emotional satisfaction of both spouses are considered. Since there is a settlement of the financial issues, the role of the mediator is looked upon as a savior. But in reality, if with a bit of sense, the couple would view divorce as a meaningful end to a soured relationship and not indulge in character assassination, the dignity of a sacred relationship they once shared would remain intact.

That’s the advantage of a mutually uncontested Divorce in BC would have. Because with an uncontested divorce application, the estranged spouse could simply engage the services of an online attorney who would prepare the brief, the divorce application and other related documents.

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