Separation & Divorce
Mediation is particularly important when a relationship breaks down and the two parties are faced with property division and/or creating a parenting plan. Given the courts adversarial nature, appearing before a judge or even an arbitrator means whatever feelings of hurt and anger exist between the parties, will escalate. If there are children involved, no matter how hard parents try to insulate them from the conflict, they will be hurt by the adversarial process. In mediation, ex-partners can divide property in ways consistent with Saskatchewan law and the practices of the courts while doing so in a less hostile way. In drafting parenting plans, it is possible to consider seriously the interests of each of the parents AND of the children so as to create the most positive potential for the new family arrangement.
The importance of using a process less adversarial than the courts has been recognized by the Saskatchewan government. We anticipate that by spring of 2019, most parties (common law or married) who separate will have to attempt to work things out in mediation, with collaborative lawyers or through arbitration before they resort to court. Grasslands Mediation is prepared to handle all those mediation needs.
Though you proceed with mediation, you will, at a minimum, each need your own lawyer to conclude matters. One of your lawyers will draft the formal agreement and review it with whichever person they represent. Then it will be reviewed by the other party and her/his lawyer. Only then can it, with your signatures, become a legally binding separation agreement.
The benefits of using mediation in the case of separation & divorce is that matters can be settled in a less adversarial process, costs can be kept down, and a foundation can be built, in the case of parenting plans, for better parenting of your children headed into the future.