What Is It
It is a private voluntary process whereby separating spouses meet individually
and together with a fair and neutral facilitator, to resolve such issues
as custody and access of their children, child and spousal support, payment
of family debts, and division and equalization of family property.
Benefits
Mediation can commence quickly before problems escalate. The spouses assume
direct responsibility and control of decision making in a time limited
process which emphasizes the present and the future, not the past. Mediation
provides the opportunity to resolve issues amicably based upon the spouses'
particular needs and the needs of their children. The resulting agreement
is likely to be more durable and less painful than the decision of a judge.
The Mediator promotes and preserves the ability of the spouses to work
together on problem solving. The Mediator helps spouses to develop skills
so that future communications and the exchange of information and ideas,
especially in relation to their children, are possible. Mediation is less
formal and less threatening than the litigation process, which usually
alienates parties into adversaries. The emotional and financial costs
of mediation are significantly less than litigation.
The Mediator’s Role
Focuses attention on the issues to be resolved
Prevents manipulation
Facilitates effective communication between spouses
and balance control between them
Mediator acts as a buffer of emotions, works
to generate positive reactions and successful results.
Each spouse should receive independent legal
advice on rights & obligations
Mediation is an alternative to Court proceedings ( litigation should
not be actively pursued)
Provides recommendations if agreement on some
issues is not reached
Parties may still pursue litigation or arbitration.
Mediation can be undertaken:
instead of litigation
when negotiations between lawyers have broken down
while parties are awaiting trial
after matters have been resolved, but new disputes arises
Sessions
One to two hours in duration, held at our offices
(When both parties commit to mediation in good faith, issues can often
be resolved in six sessions or less.)
Sessions may include the input of the children
May not be possible in situations of domestic violence
Sessions can terminate at any time if either spouse
is unwilling to comply with rules or take part in the process
Essential to the mediation of economic disputes
Complete and accurate financial disclosure
Exchange of Financial and Property Statements, proposed
budgets
