When is family mediation chosen?

Parties can start family mediation at anytime. Many people participate in mediation at Family Court and settle their matter at their very first appearance.

Others chose to participate in mediation when:

they reach a point where they feel they are ready to negotiate,
if a judge has recommended mediation at a case or settlement conference, or
if money or patience is running low at some point before their trial.

Research shows that the longer parties litigate, the harder it becomes to settle because their investment in the litigation itself becomes a barrier to resolution. Separating couples who are not in court may go directly to a mediator to negotiate their settlement, or they may retain a lawyer first, and then try mediation. For more information on mediation, refer to our Alternative Dispute Resolution (ADR) section.

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