Joel Skapinker - Accredited Family Mediator

Is it wise to get a quick cheap divorce?

admin — Wed, 28 Sep 2011 20:30:31 +0000

When spouses separate the most important issues to get resolved include division of property, child custody & visitation, spousal support and child support (known legally as corollary issues). Getting divorced does not in itself resolve any of those issues.

The quickest way to get a divorce is to resolve the corollary issues in mediation and have such agreement on these issues incorporated into a Separation Agreement. You will need to get independent legal advice before you sign such Separation Agreement.

Once the agreement is signed you can then proceed to obtain an uncontested divorce. To qualify to obtain a Divorce Order you and your spouse must have been separated for more than 1 year. There are a number of do-it-yourself guides to obtaining an uncontested divorce in Ontario and the court staff will provide administrative assistance in processing the paperwork.

While you may wish to obtain a quick divorce without first resolving the corollary issues this may be prejudicial to you for a number of reasons which include no longer qualifying for benefits under your spouse’s extended benefits plan and not having a right to live in a home owned by your spouse.

The bottom line is you must get legal advice before obtaining a divorce and it is unwise to simply plow ahead to obtain a divorce because it may be cheap or quick.

Are you & your spouse good candidates for mediation?

admin — Mon, 26 Sep 2011 02:55:02 +0000

You have a number of ways to resolve the issues arising from your separation.
These include litigation (going to court to ask a judge to make a determination of the issues), negotiation (with or without a lawyer) or mediation. How do you know which is the best method of resolving your case?

After you have read the various resources available to you at our web site we believe you will conclude that mediation is the most preferred route to resolve your matrimonial dispute. But is mediation for you? It is your preferred route unless you will be
disadvantaged by virtue of a power imbalance. Such imbalance may result from the fact that your spouse has experience negotiating because he or she negotiates things in the work world on a daily basis while you may be a stay at home parent or it may result from the fact there has been a pattern of controlling or violent behaviour in your marriage
and you are afraid to speak openly in mediation.

It is a mediator’s job, before taking on a mediation to screen for such imbalance.
This is done during the intake when the mediator meets with each party separately.

If the mediator, after screening, determines there is a power imbalance, this does not mean mediation is not for you. The mediator may determine that mediation can work for you if certain safeguards are put in place. This could involve having your lawyer with
you at the mediation to having you and your spouse sit in separate rooms while the mediator shuttles between you and your spouse.

If you have agreed to mediation/arbitration or just arbitration, this screening should be done by someone other than the mediator/arbitrator in order to maintain the independence of the process.

5 Things You Should Know Before You Hire A Mediator

admin — Thu, 15 Sep 2011 20:33:37 +0000

I know that this is a difficult time in your life. I am glad that you are considering mediation as an alternative to traditional litigation.

I’ve written this brief, informative guide to answer common questions and help get you started.

In this ebook you will learn:
- How to get referrals to an appropriate mediator for your situation.
- The different kinds of mediation certifications and why they are important.
- Important questions to ask when you have an initial consultation with a mediator.
- How to evaluate whether the mediator you’ve met is the right one for you.
- and more…

Sign up below to get your free ebook and feel free to contact me if you have any questions.

To download our free guide please use the form below: