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What is Mediation?

How Much Does a Divorce Trial Cost?

In Canada, you can expect to spend the following on average if you take your divorce to trial:
  • $4,000 to $7,000 - the average cost for one day in court
  • $19,087 ($12,875 in BC) - the average cost of a two day family law trial
  • $43,481 ($30,417 in BC) - the average cost of a five-day family law trial
Figures include the drafting of court materials and preparation leading up to the actual time spent in court. Source: Legal Fees Survey 2021 conducted by Canadian Lawyer Magazine

Divorce mediation is a structured and facilitated negotiation process where a neutral third party, known as a mediator, helps divorcing couples communicate effectively and reach agreements on various aspects of their separation. Before mediation can begin, both parties must be in agreement that mediation is their preferred method of resolving issues surrounding their divorce or separation. It is a voluntary process, and neither party can be mandated to participate in mediation. Conventional mediation usually entails in-person meetings between disputing parties and a neutral mediator in a physical location. Yet, with the progression of communication technology, virtual mediation has become a feasible substitute. At Easy Way Divorce, our mediations predominantly occur virtually via Zoom. However, in-person sessions can also be arranged at either of our BC offices.

During mediation sessions, you and your spouse will have the opportunity to discuss important issues such as child custody, asset division, and financial arrangements in a supportive and confidential environment.

Unlike traditional courtroom battles, divorce mediation focuses on collaboration and mutual understanding rather than adversarial confrontation. The mediator acts as a guide, helping you navigate these discussions and find common ground.

Key Features of Divorce Mediation:

Voluntary
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Divorce mediation is a voluntary process, meaning that both parties must agree to participate. This ensures that everyone involved is committed to finding a resolution.
Confidential
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Divorce mediation sessions are confidential, providing a safe space for open and honest communication. What is said in mediation stays in mediation, allowing you to speak freely without fear of repercussions.
Empowering
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Unlike litigation, where decisions are made by a judge, divorce mediation allows you to make informed decisions about your future. You and your spouse maintain control over the outcome of your divorce.

Divorce Mediation vs. Litigation

Divorce mediation and litigation are two contrasting approaches to resolving the dissolution of a legal marriage or a common-law separation, each with its own characteristics and outcomes. Click on each of the headings below to see how divorce mediation and litigation differ

Process Process

● Divorce Mediation: Involves a cooperative process where a neutral mediator facilitates discussions between spouses. The mediator helps parties communicate effectively and find mutually acceptable solutions.

● Litigation: Involves an adversarial process where each spouse hires their own attorney to represent their interests in court. The court ultimately makes decisions on contested issues based on evidence and legal arguments presented by both parties.

Control Control

● Divorce Mediation: Empowers spouses to maintain control over the outcome of their divorce. Since decisions are made by the parties themselves with the guidance of the mediator, they tend to be more tailored to the specific needs and circumstances of the family.

● Litigation: Involves relinquishing control to a judge who may make decisions that neither party finds entirely satisfactory. The adversarial nature of litigation can escalate conflict and strain relationships between spouses and their children.

Cost Cost

● Divorce Mediation: Generally more cost-effective than litigation since it typically involves fewer attorney fees, court costs, and other expenses. Additionally, the collaborative nature of mediation can often lead to faster resolutions, further reducing costs.

● Litigation: Can be significantly more expensive due to prolonged court proceedings, attorney fees, expert witness fees, and other legal expenses. The uncertainty of outcomes in court can also lead to protracted litigation, further increasing costs

Timeframe Timeframe

● Divorce Mediation: Often results in quicker resolutions since parties have more control over the pace of the process. Mediation sessions can be scheduled at the convenience of both parties, allowing for more efficient progress.

● Litigation: Typically takes longer to resolve due to court schedules, legal procedures, and the adversarial nature of the process. Lengthy litigation can prolong emotional distress and uncertainty for both parties.

Emotional Impact Emotional Impact

● Divorce Mediation: Provides a more amicable and supportive environment for resolving disputes, which can reduce stress and emotional strain on spouses and their children. The focus on cooperation and problem-solving can also promote healthier post-divorce relationships.

● Litigation: Can be emotionally draining and traumatic for all involved, as spouses are pitted against each other in a contentious legal battle. The adversarial nature of litigation can exacerbate conflict and prolong emotional distress.

Ready to
Learn More?

If you’re ready to take the next step toward an easier divorce or legal separation in British Columbia and move forward with your life, we’re here to help. Contact us today to schedule an online consultation call and discover how divorce mediation can pave the way for a brighter future for you and your family.

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