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In British Columbia and most other provinces of Canada, mediation is a recommended option before going to court. What makes mediation a better option than going to court?
Mediation is led by a neutral 3rd party, a trained mediator, who holds no interest in the outcome. What does that really mean? Mediators should be unbiased and non-judgmental during the entire mediation. The only interest a mediator should have is in facilitating a conversation when there has been a communication breakdown between the parties. Mediators guide the conversation when emotions are becoming more intense or when the conversation gets off track from reaching a resolution.
While each province differs in its approach to mediation, most of the provinces recommend mediation before heading to trial. Mediation offers the opportunity for people to make their own decisions regarding what is best for their family, financial and property division, parenting time, and spousal support. Not all mediators are qualified in their training to handle all areas of a separation and may require the support of legal counsel.