Whenever legal questions come up, especially in the area of family law like divorce and mediation, the answer is often something along the lines of, “It depends.” Understandably, that response isn’t terribly helpful, so this article aims to provide more context to help you answer the question, “How long does divorce mediation take?”
What Exactly Is Divorce Mediation?
Mediation is an alternative dispute resolution approach to a traditional divorce that allows spouses to avoid going to court. Instead of battling each other in the courtroom, the couples will come together with the help of a neutral, third-party mediator to resolve their issues.
There can be several benefits to divorce mediation, as the process can be more amicable than a contentious conflict and court. Further, the timeframe may be compressed, making the process less costly and more efficient. Finally, many couples opt for mediation because, unlike a court proceeding, the details of the divorce can be kept private and out of the public eye.
How Divorce Mediation Works
When mediation is successful, a divorcing couple will reach a mutually agreeable and beneficial settlement. The parties will meet with a mediator in a series of sessions to discuss issues pertaining to dissolving the marriage, including but not limited to:
- Spousal support and alimony
- Child support
- Parenting agreements
- Property division
- Debt resolution
The process typically begins with an initial meeting, where the mediator provides an overview of how mediation works, establishes the rules for moving forward, and confirms that each person agrees to the terms provided.
From there, the mediator will help the couple identify and outline each of the issues to be discussed during the session(s). To support each party’s position and ideal outcomes, documentation will need to be provided. Including various financial documents, medical records, and other supporting evidence.
With everyone’s cards laid out on the table, negotiations can begin. The goal here is for openness, transparency, and mutual respect to arrive at a compromise that both parties can live with. Upon agreement of the issues, an agreement or consent order will be drafted, and it is submitted to the court for approval.
Factors That Influence the Divorce Mediation Timeline
Inevitably, most divorcing couples want the mediation process to be completed as quickly as possible. While mediation can be significantly faster than getting a divorce through the courts, there are multiple factors that can influence how long the process takes.
Two significant factors include:
- The cooperativeness of the parties: Cooperation is critical to move the process along smoothly. While it’s natural to have conflict during a divorce, if couples want to resolve the issues quickly with minimal conflict, they have to be willing to compromise and meet each other halfway. If one (or both) parties dig in their heels, it’s bound to take longer to reach an agreement.
- The complexity of the case: While it’s rare for a divorce to be “simple,” some divorces are more straightforward than others. A complex case would be one with a significant amount of assets or detailed parenting plans that need to be planned out. When complex issues are involved, mediation may take significantly longer.
Overall, mediation tends to range from between a couple of weeks to several months, but again, the exact amount of time this process takes will vary on a case-by-case basis.
Contact Pier Law & Mediation, an Experienced Vancouver, BC, Mediation Attorney
As leaders in divorce mediation, we care deeply about our clients and strive to achieve outcomes based on collaboration and healthy compromise. We approach each situation with the care and compassion it deserves. We encourage you to get in touch with us at (604) 900-7158 or contact us online.