Mediation

What is the Family Mediation process?

Mediation is a process which enables people to negotiate an agreement out of court to resolve their separation and divorce issues, with the assistance of a neutral third party facilitator called a mediator. Mediation allows participants to achieve positive outcomes by improving communication and brainstorming options in a respectful environment to achieve a result that meets the unique needs of each client and their family.

Some Reasons to Choose Mediation vs Court Litigation:

 
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Cost

·        Mediation is much more cost effective than traditional family law litigation

 
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Control

·        Mediation allows the parties to control their own separation process, rather than relinquishing control to the lawyers and/or the courts

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Time

Mediation allows the parties to avoid extremely lengthy delays often encountered through the courts

 
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Flexibility

Mediation allows parties to brainstorm possible outcomes and craft unique solutions to meet the individual needs of the parties and their family

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Confidentiality

Unlike court, mediation is completely confidential with no public access to your documents or sessions

 
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Positive

Mediation assists parties to improve communication and resolve issues in a respectful environment, in the hopes of reducing emotional turmoil and helping to build the foundation for a more positive future 

Mediation and Independent Legal Advice

A mediator is a neutral third party who facilitates the negotiations between two parties. The mediator does not provide legal services and does not give either party legal advice. It is recommended that each party obtain independent legal advice before and during the mediation process in order to fully understand his/her legal rights and obligations. In addition, if an agreement is reached through mediation, each party is advised to get independent legal advice from his or her own independently retained lawyer before signing the agreement in order for it to be legally binding.

 

A mediator can help you reach agreement on:

  • parenting time and decision-making responsibilities in respect of children

  • financial support including child support and spousal support

  • division of property

 

For mediation to work, each party needs to:

  • be willing to make a genuine effort to work out a solution with the other person

  • feel safe meeting in person or remotely with the other person to discuss the issues

  • be able to talk about his/her individual needs and listen to the other person’s concerns

 
 

Mediators do not:

  • take sides

  • make decisions

  • give legal advice

 

You can mediate:

  • to avoid going to court

  • before you start a court case

  • anytime during a court case

 

Free initial conversation is available to discuss the Services offered by CF Mediation

Steps in the Mediation Process:

 
 

Step 1:

Agreement to Mediate

 

The parties will enter into a written Agreement to Mediate before the mediation begins which will set out the details of your mediation, such as:

  • whether your mediation will be open or closed

  • the issues you will mediate

  • the financial disclosure to be provided during the mediation

  • financial arrangements for mediation

 
 

Step 2:

Intake and Screening

 

The mediation process begins with the mediator meeting with each party separately for intake and screening. The mediator also conducts ongoing screening throughout the mediation process to ensure that the parties are participating freely and safely.

 
 

Step 3:

Mediation

 

Mediation can be “open” or “closed”. Mediation is closed unless both parties agree that the mediation will be open. In an “open” mediation, if you go to court, the mediation process will not be private. You, the other person and the mediator will be able to discuss what happened during the mediation and all the documents can be shared in court. In a “closed” mediation, the mediation is private and confidential. Discussions and documents from mediation cannot be shared in court. There are some limited exceptions where the mediator can share information, for example, where there are concerns over the safety of a child.

Mediation sessions are scheduled for times when everyone is available. The length of time and number of sessions will depend upon many factors, such as:

  • number, type and complexity of issues

  • level of effective communication and cooperation vs conflict between parties

 
 

Step 4:

Agreement and Independent Legal Advice

 

 

Through Mediation, the mediator will help the parties negotiate an agreement to resolve as many issues as possible.  The mediator will reduce the agreement to writing in a document called a Memorandum of Understanding, a Mediation Report, or a Draft Separation Agreement.  In order to ensure that this agreement is legally binding, each party will need to obtain independent legal advice from his/her own independently retained lawyer before signing the document.  The mediator does not provide legal advice and does not replace your lawyer.  It is recommended that throughout the mediation process you consult with your own lawyer to advise you of your legal rights and obligations and how the law may impact the issues that you are mediating. 

 

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