Difference between revisions of "How Do I Start Mediation with My Spouse?"

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*if I haven't mentioned this, mediation is much cheaper than hiring lawyers and going to court.
*if I haven't mentioned this, mediation is much cheaper than hiring lawyers and going to court.


Going to trial <span class="noglossary">will</span> cost a minimum of $15,000 in lawyer's fees (each) for a two- or three-day trial. Most family law trials last one or two weeks or longer, and this figure ignores the <span class="noglossary">costs</span> of all the other things that have to happen before you walk into the courtroom on day one! According to a recent Canadian [http://www.crilf.ca/Documents/Cost_of_Dispute_Resolution_-_Mar_2018.pdf study], the average lawyer’s bill for a person to resolve their dispute through litigation was $12,395 (for low-conflict cases) and $54,390 (for high-conflict cases).
Going to trial with a lawyer on your side will likely cost between $10,000 and $15,000 per day of trial. Most family law trials last one or two weeks or longer, and this figure ignores the costs of all the other things that have to happen before you walk into the courtroom on day one!  


If this doesn't get your ex to agree to see a mediator, tell them to ask separated friends, family members, and co-workers how much it cost for their court proceedings and how long it took to go from start to finish.
If these expensive numbers don't get your ex to agree to see a mediator, tell them to ask separated friends, family members, and co-workers how much it cost for their court proceedings and how long it took to go from start to finish.  


It can also be helpful to give them some resources: like sending them the link to the [[mediation]] section of this website, or sending them [https://mylawbc.com/graphic/mediation.php My Law BC’s] handy infographic about mediation.
It can also be helpful to give them some resources: like referring them to the [[Family Law Mediation]] section of this wikibook, or sending them to [https://www.mediatebc.com/ MediateBC] to learn more about family law mediation.  


The exception I mentioned above is that if you and your partner have already started an action in Supreme Court, you may file a Notice to Mediate under the ''[http://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]''.  This rule provides a mechanism for forcing parties to try mediation before they can have a trial.   
The exception I mentioned above is that if you and your partner have already started an action in Supreme Court, you may file a Notice to Mediate under the ''[http://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]''.  This rule provides a mechanism for forcing parties to try mediation before they can have a trial.   
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Before hiring a mediator, make sure you've looked into their background to make sure that the mediator has had special training as a mediator. Lawyers who have training and are accredited to mediate by the Law Society are called family law mediators, and they <span class="noglossary">will</span> usually advertise themselves as such.
Before hiring a mediator, make sure you've looked into their background to make sure that the mediator has had special training as a mediator. Lawyers who have training and are accredited to mediate by the Law Society are called family law mediators, and they <span class="noglossary">will</span> usually advertise themselves as such.


When picking a mediator, first ask around. Have any of your friends used a mediator, and what did they think of the mediator? If that doesn't work, call a family law lawyer. Most family law lawyers keep a short list of the mediators they prefer to use, and <span class="noglossary">will</span> be happy to give you their names and phone numbers. You can also find a list of some family law mediators at [https://www.mediatebc.com/find-a-mediator/family-roster Mediate BC ].
When picking a mediator, first ask around. Have any of your friends used a mediator, and what did they think of the mediator? If that doesn't work, call a family law lawyer. Most family law lawyers keep a short list of the mediators they prefer to use, and <span class="noglossary">will</span> be happy to give you their names and phone numbers. You can also find a list of some family law mediators at [https://www.mediatebc.com/find-a-mediator/family-roster Mediate BC].


==For more information==
==For more information==
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{{REVIEWED | reviewer = [[Catherine Brink]], May 25, 2019}}
{{REVIEWED | reviewer = [[Trudy Hopman]], September 22, 2023}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}


[[Category:How Do I?|S]]
[[Category:Helpful Guides & Common Questions|S]]
[[Category:Alternatives to Court|S]]
[[Category:Alternatives to Court|S]]
[[Category:JP Boyd on Family Law]]
[[Category:JP Boyd on Family Law]]


  {{Creative Commons for JP Boyd}}
  {{Creative Commons for JP Boyd}}

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