When facing a legal dispute, choosing the right path to resolution is often your first major decision. This is especially true in family law where your time, emotional well-being and financial resources need to be taken into consideration.
Mediation and litigation are two common options, each with their advantages and drawbacks. Understanding their differences can help you make an informed decision that aligns with your needs.
What is Mediation?
Mediation is a collaborative process for negotiating where a neutral third party (the mediator) helps parties reach a mutually agreeable solution. The mediator does not make a decision; the mediator creates the process and holds the space for the parties to create their own solution.
In family law, mediators can assist with one issue such as creating a parenting schedule or all issues. Mediators can assist with determining child support, spousal support, parenting time, parental responsibilities and decision-making, property division and various other subtopics a family may need to consider when working through their separation. You can watch this video from JP Boyd, an experienced family mediator who talks about Using mediation to resolve family issues.
Benefits of Mediation:
- Cost-Effective: Mediation typically costs significantly less than litigation since it avoids extensive court fees and prolonged legal battles.
- Faster Resolution: Cases can be resolved in weeks or months rather than years.
- Less Stressful: A cooperative approach reduces emotional strain and fosters better post-dispute relationships, especially when co-parenting is involved.
- Greater Control: Parties have more control over the final agreement rather than leaving decisions to a judge.
- Confidential Process: Mediation is a confidential and private process, unlike court proceedings, which are open to the public to attend.
When Mediation May Not Work:
- If one party does not agree to participate. Both parties need to consent to the process.
- If one party is unwilling to compromise. Both parties should be open-minded.
- If there are concerns of domestic violence or severe power imbalances. Both parties need to feel safe in mediation. Mediators may be able to create their process with different accommodations to alleviate these concerns such a shuttle mediation.
What is Litigation?
Litigation is the traditional court process where parties present their case before a judge, who makes legally binding decisions. Here is more information about Resolving Family Law Problems in Court. In cases when disputes are highly contentious or require formal legal intervention, parties often end up in litigation.
Benefits of Litigation:
- Legally Binding Outcome: Court orders are enforceable as soon as they are pronounced by the judge.
- Process for Complex Cases: The court process includes mandatory disclosure requirements from both parties and rules around calling expert witnesses.
- Protection in High-Conflict Situations: A judge can impose protective orders for people and property in serious and urgent situations.
Drawbacks of Litigation:
- Expensive: Court fees, lawyer costs, and prolonged proceedings can add up quickly.
- Time-Consuming: Cases can take months and often years to conclude.
- Emotionally Draining: The adversarial nature of litigation can increase stress and worsen relationships.
- Lack of Control: A judge determines the outcome rather than the parties involved.
Which Option is Right for You?
Choosing between mediation and litigation depends on your circumstances. Mediation is ideal for those seeking a cost-effective, faster, and more amicable resolution. Click here to read more about how mediation works.
You can find a mediator by searching online or using the MediateBC website. Not all mediators are listed on MediateBC, so checking online will open up your options. You can search the Law Society of BC to confirm if a lawyer is accredited as a family law mediator.
If you want to try a free option and live in the Victoria area, the Justice Access Centre provides free mediation services for family issues (excluding property division). This is a helpful and necessary service for our communities; however, their resources are limited. Some people find that they can achieve more through private mediation, especially if they want to discuss property division at the same time as their other family issues.
Litigation may be necessary if the parties cannot agree, or one party refuses to engage in mediation. Consulting with a family lawyer can help determine the best approach for your specific case.
Need Legal Guidance?
If you’re facing a family law dispute and need legal advice, Step By Step Law Corporation is here to help. Contact us today to explore your options and determine your next step forward.