B.C. lawyers have been able to qualify as family-law mediators since 1985. And mediation — which involves a lawyer or trained mediator who does not take sides — is a well-known way of resolving disputes without going to court.
The process capitalizes on consensus-building and is “probably a simpler process than collaborative law,” said Victoria lawyer Eugene Raponi, whose practice largely involves mediation. He is also is on the roster of the Victoria Collaborative Family Law Group.
In collaborative law, each spouse has a lawyer and a team of divorce coaches, financial and child specialists to draw upon. Both spouses sign an agreement not to go to court.
Couples in mediation can end up in court but try to avoid it. When Raponi acts as a mediator, the spouses and their respective lawyers schedule a full-day session with him to put together an agreement.
“People sign and go away exhausted but usually satisfied. That saves an enormous amount of court time,” Raponi said. Mediation can bring people together in the same room while controlling the risks, and the resulting discussion can conclude the matter without court, he added.
“It’s quite possible to mediate all issues arising from a marriage without lawyers,” Raponi said, although as a mediator, he always encourages each party to get independent legal advice before signing off on the agreement.
However, divorce, which is the order dissolving the marriage, can be obtained only by an order of the court, he said.
“Usually, parties in mediation will resolve all their issues — parenting, child support, spousal support, property — and then get an uncontested divorce,” he said.
— Katherine Dedyna
