
Mediation
Mediation involves both clients getting together with a trained, qualified mediator to resolve their differences and find common ground in a respectful, creative manner. If the couple cannot resolve all of their differences, they can go to court or ask the mediator to act as an arbitrator and rule on whatever has not been decided. Unlike the collaborative divorce process, you can keep the same lawyer through mediation and litigation.
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Divorce mediation is not the solution for everyone. At MacDonald & Partners LLP, our family law lawyers will work to get to know your situation and help you decide whether this is the right process for you and your family.
Pros and Cons of Mediation
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Divorce mediation is often less expensive and formal than court.
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You can work toward building a solution that is unique to your family, rather than having one imposed by a judge.
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Because there is no government regulation, there is more room for creativity but also more room for uncertainty.
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If there is a power imbalance within the couple or lack of sophistication and knowledge of the law, one side may take advantage of the other during mediation.
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If mediation process does not work, some of the knowledge gained during divorce mediation may be useful to the other side during a trial.
