No – In BC, dissolution of a ”marriage” applies to both legally married spouses and “common-law” spouses who are separating and need assistance resolving similar issues, such as custody arrangements for children or division of shared property. In BC a spouse is someone who is married, OR, someone who has lived with another person in a “marriage-like” relationship, and a) has done so for a continuous period of at least 2 years, or b) except for in regard to division of property or pensions, has a child with the other person.
While the legal framework surrounding divorce may not apply in these cases, mediation can still provide a structured and cooperative approach to resolving conflicts and reaching mutually acceptable agreements.
Divorce mediation is a process that both parties must agree to participate in, before the process begins. If your spouse is unwilling to participate in mediation, there are several steps you can take to address the situation. If all attempts to persuade your spouse to participate in mediation fail, you may need to consider pursuing traditional litigation through the court system.
The main differences between mediation and litigation in British Columbia lie in their approach to resolving disputes, level of formality, cost, and control over the outcome. Mediation offers parties a collaborative and flexible alternative to litigation, while litigation provides a structured and legally binding process for resolving disputes.
The amount of money saved through mediation compared to litigation in British Columbia can vary widely depending on the complexity of the case, the willingness of the parties to cooperate, and other factors. While precise figures can be difficult to estimate, studies have suggested that mediation can save parties anywhere from 40% to 60% of the costs associated with litigation.
In British Columbia, mediation is a collaborative process designed to help parties resolve disputes outside of court with the assistance of a neutral third-party mediator. Parties can expect mediation in British Columbia to be a collaborative and constructive process aimed at resolving disputes amicably and efficiently outside of the courtroom.
While mediation generally offers a more streamlined and efficient alternative to traditional litigation, the duration of a divorce mediated in British Columbia can vary depending on several factors, including the complexity of the issues involved, the level of cooperation between the parties, and the efficiency of the mediation process.
While divorce mediation offers many benefits, it’s important to acknowledge that there can be potential disadvantages or challenges associated with this process, including power imbalances between parties, an unwillingness to cooperate, difficulty in mediating highly complex issues and an inability to reach agreement.
In a divorce, it’s essential to advocate for your rights and interests while also considering the practicalities of your future. The reality is, post-divorce, women’s overall economic situation often declines. To ensure fairness in the settlement, women should advocate for what they are entitled to, striving for the same considerations as men. Many divorces, despite appearing equitable with a 50/50 split, may disadvantage women due to overlooked factors. Women typically bear the majority of childcare responsibilities in divorced families, impacting their future earning potential. This discrepancy is exacerbated by gender-based wage gaps, limiting women’s income potential. Additionally, childcare duties restrict women’s availability for career advancement and pursuit of fulfilling employment opportunities. Although settlements may outline shared parenting responsibilities, the reality often diverges from what is written. This underscores the importance for women to advocate for settlements that address these disparities.
During mediation, it’s important to approach the process with a cooperative and constructive mindset. Avoiding certain behaviours and attitudes can help facilitate productive communication and increase the likelihood of reaching a successful resolution. Avoid using aggressive language, making personal attacks, or exhibiting hostile behaviour toward the other party or the mediator. While it’s natural to advocate for your own interests, rigidly refusing to consider compromise or alternative solutions can impede progress and prolong the mediation process.
Be open to exploring different options and finding common ground with the other party.
During a divorce, several common mistakes can occur that may impact the process and outcomes. The biggest mistakes made during a divorce are a) Focusing on Winning – Viewing divorce as a win-lose situation and adopting an adversarial mindset can lead to protracted legal battles, increased conflict, and higher costs, and b) Lack of Communication – Poor communication between divorcing spouses can lead to misunderstandings, conflict escalation, and difficulties in reaching agreements on important issues such as child custody, division of assets, and spousal support.
Preparing for mediation in British Columbia involves several steps to ensure that you are ready to effectively participate in the process and advocate for your interests. Begin by outlining your objectives in order of priority—what do you aim to achieve? Consider how you can contribute positively to the mediation process, emphasizing healthy communication. Identify areas where you can facilitate productive discussions and understanding. Compile essential information required for your divorce proceedings, such as marriage dates, separation date, and details about children. Document current living arrangements and addresses, distinguishing between joint and separate assets and debts. Include any sentimental or personal items you wish to retain. For custody and visitation arrangements involving children or pets, think about a outcomes that prioritizes their well-being and supports a cooperative relationship. Recognize the importance of co-parenting and raising children responsibly, with guidance from a trained mediator ensuring the best interests of all involved.
Traditional mediation typically involves face-to-face meetings between parties and a neutral mediator in a physical setting. However, with advancements in communication technology, virtual mediation has emerged as a viable alternative. Mediations at Easy Way Divorce typically take place virtually over Zoom, however mediations can also take place in-person at either of our BC offices.
