The hidden cost of traditional divorce: why divorce mediation matters more than ever

Divorce shouldn't break families—but traditional family law often does

If there’s one word that captures the experience many families face in Canada’s traditional family law system, it’s damage. That word echoes throughout the stories shared by thousands of clients—people who’ve walked through the long, painful tunnel of a legal divorce and emerged with far more scars than they ever expected.

The system encourages divorcing couples to hire two lawyers. From that moment, they're placed on a path that frames the divorce as a battle. And when families are forced into win-lose thinking, what’s really lost is time, trust, and peace. Suddenly the cost of the divorce process isn’t just financial—it’s emotional, physical, and deeply personal. Parenting becomes more difficult. Work becomes more stressful. The ripple effects are real, and they last.

Many couples turn to divorce mediation after realizing what’s at stake. They want to do this right. They know there’s too much to lose—especially when children are involved.

The core issues aren't legal—they’re human

People going through a divorce need answers, not arguments. In every separation, there are two main decisions to make: how to handle money and how to care for the kids. That’s it. And yet, the legal system complicates what should be clear.

What’s needed is a process that helps individuals think clearly and plan for the future, not one that pulls them deeper into conflict. The goal is to reach an agreement that will stand the test of time. It should make life better for the children and protect the financial future both parties have worked hard for.

When clients say, “We made the best out of a tough situation,” it’s clear the process worked.

Why early conversations matter

The first person someone talks to about their divorce isn’t usually a family lawyer. Often, it’s a financial advisor, doctor, or therapist. As trusted professionals they’re in a position to help someone make that first big decision in their separation: which path to take for their divorce?

If you are one of those professionals, we encourage you to recommend divorce mediation services early. Once someone goes the legal route, it’s incredibly difficult to turn around. Mediation keeps the door open. It’s faster. It’s less expensive. It also gives your client real input in the outcome of their divorce. If it doesn’t work, the legal path is still there. But if it does work—and it often does—they’ll have avoided years of stress and expense.

Mediation works—because it puts clients in control

For nearly 20 years, Fairway Divorce Solutions has helped thousands of couples find a better way to make it through this life transition. What sets our method apart is that we don’t ask clients to sit across a table from their ex, and hash things out. That doesn’t work for most people.

Instead, our mediation sessions guide individuals separately through every decision during the divorce mediation process. Whether they’re unsure about financial matters or worried about parenting arrangements and routines, they get time to think things through. We give them the space and the information they need to make decisions without pressure and conflict clouding their judgment.

Every divorcing couple is different. Some are on the same page. Most are not. That’s why our process respects their unique situation. We don’t rush. We don’t push. We stick to a proven methodology.  We make sure each person has the tools that they need to make smart decisions for their future.

120 days to resolution isn’t just a tagline

Once financial disclosure is complete, we commit to helping you reach a resolution in 120 days. Yes—really. You are in and out of tough negotiations and the stress that comes with them within four months. This is unheard of in the traditional system of divorce and most other mediation practices.

It’s not that negotiations won’t be hard. They will be. But the process shortens the window of stress. It doesn’t drag on for years. Clients make informed choices. They stay in control. And when it’s done, they move on.

That’s one of the biggest gifts our  process offers: the ability to look forward again.

What about the kids?

Children always feel the effects of divorce—even if they’re not in court andeven if parents try to shield them from the details. The process that a couple chooses to use will greatly impact the children.

When working within the traditional system, lawyers use a tactic known as “position bargaining” to achieve a win for their client. This strategy is where you pit one party against another based on where the lawyer feels their client has the most power. For example, one parent may feel they have more parenting influence and try to use that as financial leverage. That kind of strategy doesn’t stay in the courtroom. It leaks into tone, body language, and stress levels—and children pick up on it.

Parents are reminded: they’ll likely be okay. But the children might not be. Kids are learning from how their parents handle this. They’re forming their own ideas about relationships, trust, and safety. The mediation process helps set a positive example, even in one of life’s hardest moments.

Divorce mediation services: A safer, smarter path

Divorce is one of the most challenging transitions a family can face. But it doesn’t have to be hostile. It doesn’t have to cost a fortune. And it doesn’t have to leave kids emotionally bruised.

As of 2025, Fairway has helped more than 7,000 families across Canada navigate this process. We’ve protected over 15,000 children from the collateral damage of the traditional family law system. We’ve worked with high-net-worth families, business owners, and everyday people with the same goal: to preserve what matters and move forward with dignity.

Divorce mediation is more than just a service—it’s a shift in how separation is approached. It gives couples the tools to resolve conflict, not escalate it. It puts decision-making back where it belongs: with the individuals whose lives are most affected.

For those facing divorce—or those supporting someone who is—this is the path that leads to peace, not battle. And Fairway is there to walk alongside them, every step of the way.

Frequently asked questions

What is the main difference between divorce mediation and traditional divorce? 

Divorce mediation is a cooperative, non-binding process where a neutral mediator helps both parties reach a fair agreement on finances and parenting—without going to court. Typically, once negotiations are complete in the mediation process, the decisions are drafted into a binding separation agreement whereby parties may or may not choose to get final sign-off through independent legal advice. Traditional divorce typically involves hiring separate lawyers and can lead to prolonged legal battles and litigation, higher costs, and increased conflict. 

How long does divorce mediation take with Fairway Divorce Solutions? 

Once all financial disclosure is complete, Fairway commits to helping clients reach a  resolution within 120 days. This timeline offers couples a clear path to closure and reduces prolonged stress.

Is mediation legally binding?

Mediation helps both parties reach mutually acceptable terms. While the mediation discussions themselves aren’t binding, the final terms can be formalized into a legally binding separation agreement.

How does mediation protect children during divorce? 

Fairway’s mediation process minimizes conflict and prevents children from being caught in emotional crossfire. Parents negotiate independently to reduce tension, and the Nurtured Children Plan™ ensures their needs remain a top priority. 

At Fairway, we keep financial division and parenting decisions separate. This approach helps avoid a tug of war and means that when parents begin working on a parenting plan, they do so with reduced stress around finances and greater clarity about their future financial security—allowing them to focus on what’s best for their children.

Can legal advice still be used during mediation?

While lawyers don’t take part in the mediation process, clients can seek independent legal advice before finalizing their agreement to make sure they feel confident in their decisions.