Finding alternatives to costly Durham family court fights

Mediation helps couples identify, settle issues


Finding alternatives to costly Durham family court fights. WHITBY -- Julie Gill runs Families First Mediation and provides divorce mediation services to help couples identify and settle issues in order to avoid costly court battles. September 22, 2011. Ron Pietroniro / Metroland WHITBY -- Divorce can be a lot of things. But it doesn't have to be a legal nightmare.

"People need to know there are more options out there than a drawn-out court process for every issue," said Julie Gill, of Families First Mediation in Whitby. "They need somebody to help them see they have the ability to do this.

"You've got to be reasonable. You've got to treat this like a professional transaction."

Participants in the family law system -- particularly lawyers and their clients -- are becoming aware of a need to avoid costly litigation in divorces, Ms. Gill said. So more are opting to enlist the help of neutral, third-party mediators who help to identify and settle issues before they become points of contention that have to be sorted out by a judge.

"Family lawyers have had a paradigm shift in the last couple of years," Ms. Gill said. "There's no way 100 per cent of clients need to end up in court."

That view is shared by Warren Winkler, Chief Justice of the Ontario Court of Appeal, who addressed family court issues in a speech covered last week by the Toronto Star.

"Our current family law system is too slow, too complex, too adversarial and above all, too costly," Chief Justice Winkler was quoted as saying.

Many couples are now choosing to pursue a "collaborative" process of divorce settlement, even if lawyers are involved. That makes sense, said Ms. Gill: Obtaining a legal, uncontested divorce with the assistance of a lawyer is likely to cost about $4,000. If there's litigation involved, the couple will each have to pay to retain counsel. And once the court process starts, the meter begins running.

"If court is involved at all, you're looking at $10,000 each," Ms. Gill said. "I have friends who have spent $75,000."

A mediator will encourage divorcing couples to set aside their emotions and approach their issues rationally, Ms. Gill said. With a little assistance and cooperation, it's possible to arrive at a fair and balanced settlement without destroying the family and wasting money in court.

"For me, it's finding the best fit for clients," she said. "It's not a cookie-cutter service.

"Anything that's agreed to by the families, there's so much more chance of success."

Call Ms. Gill at 905-427-0100.