What is mediation?

Mediation is a process where parties meet with a neutral 3rd party (the mediator) to discuss the issues they need to settle together in order to come to an amicable agreement. When it comes to Family Law Mediation, typically there are two parties who wish to come to consensus on their Separation Agreement and/or Parenting Plan, in order to move forward with their lives. If you were married and seeking a divorce you need to consider, shared assets, excluded assets, financial supports, equalization, what will happen to the matrimonial home (if one exists) and more! The alternative to mediation, is asking a Judge to decide how you will split your assets, debts and final decisions about financial assets. The biggest benefit of Mediation over court, is that you and your ex-spouse are the decision makers. The mediator is present to help prepare both parties for mediation, to facilitate the discussion and to write the agreement or report.

How long is the process?

This is dependent on how many issues need to be worked through and discussed. A successful mediation typically takes anywhere from 10-20 hours to complete.

Do I need a lawyer?

During mediation you do not need a lawyer present, however getting Independent Legal Advice (ILA) is an integral part of the mediation process. There may be times when I ask one or both parties to meet with their lawyers, or to get legal advice between mediation meetings. This is beneficial because we can pause conversations in the meantime and move on to other topics and then go back and discuss the issue when everyone has the request advice that they need to continue mediating. I always encourage clients to get some sort of ILA at the before mediation and once the agreement is completed I encourage them to meet with their lawyers individually to go over the document. This way clients are gathering information as they need, working out the deal in mediation, and then double checking that they fully understand the agreement before they sign off. This saves a lot of money because you are not relying on your lawyer to do the heavy lifting, and you have an understanding of the law (and how you argument would play out in court).

What if mediation fails?

Mediation is a closed process which means issues discussed stay private between you, your ex-spouse and the mediator. This means that if mediation fails you do not have to be held to any decisions you may or may not have agreed to during the negotiation (except for temporary agreements). Further the process is voluntary which means if there is a breakdown in the conversations or one party is not negotiating in good-faith, you can stop the process whenever you wish and return to court.