What is Mediation?

Mediation is the process of resolving your disputes outside of the court room through the use of a third party. The Mediator is an unbiased, neutral party who will help identify the unique needs and wants of each party and help them bridge the gap between their disagreements. If Mediation is successful, the parties will leave with a Mediation Report that outlines the agreements made in mediation. They may then take this report to their lawyer and have it drafted into a binding agreement for signing.

Why would I choose Mediation?

Many people choose Mediation as a faster and gentler alternative to the court system. In the courts, you may wait years and pay costly fees before a judge will render a verdict. In Family Law in particular, the verdict rendered may not represent the bests interests of all parties or their children. It is common to find the court process confusing, stressful, emotionally draining, and time consuming. Mediation allows you to take control of your own process, and come to an agreement that was designed by both parties, for both parties, in the best interests of them and any children they may have.

What is the process of Mediation?

I encourage all persons potentially interested in mediation to contact me at Sam@RitaLaw.ca for a free 30 minute consultation about Mediation. Once it is decided that all parties would like to attend Mediation, we will book an initial intake interview. This interview will be approximately 1-1.5 hours. Each party will do this interview separately, and the interviews conducted will be strictly confidential between you and myself as the Mediator. The intake interview is your time to tell me anything and everything that you think they should know about yourself, your relationship with the other party, any children you may share, your hopes for the outcome of mediation, any concerns you may have, and any matters you think are relevant to your situation. After the intake sessions it will be determined by myself if your unique circumstances would benefit from mediation. If they do, and all parties are willing and able to continue, then we will proceed with starting Mediation.

If we decide after the intake session to proceed with Mediation then you will be sent a next steps email that will outline anything that we need prior to beginning Mediation. Depending on what issues we are mediating there may be no further information required before beginning the first mediation session. If we are mediating financial issues, such as property-division, child support, and/or spousal support, then we will need a full financial disclosure prior to beginning a financial mediation session. We can always mediate any non-financial issues while we are waiting for the financial disclosure.

How many sessions Mediation takes depends on the complexity of the issues and the ability of each party to negotiate, come to concessions and make agreements. Each session will be approximately 2-3 hours in length. At the end of each session I will send you progress notes, outlining what has been agreed to so far, and what issues we have left to be discussed in your next session.

The mediation process is finished when one of the following happens:

1)        All terms have been resolved. This is the ideal solution, and when this happens I will send you a mediation report outlining all the agreements made. This report is not a binding agreement and you will need to bring it to your lawyer to have it converted into a legally binding agreement. OR

2)        Mediation has been terminated by either one of the parties or by myself as Mediator. Mediation is a voluntary process. At any time either party may decide to no longer participate. Furthermore, I as the Mediator may unilaterally decide to end the Mediation should I feel that the process is not being beneficial to the parties, there is too great of a power imbalance, I suspect coercion or abuse, or any other reason that I in my sole discretion deem appropriate cause for terminating the process. When this happens, I will send a Mediation Report that outlines the agreements made, if any, prior to the termination of Mediation.

Do I have to go to Mediation just because the other side wants to?

No, Mediation is a completely voluntary process. If you do not wish to attend mediation at all then you are not required to. You may also change your mind about participating in Mediation at any time in the process. Even if it is in the middle of a current session, you are allowed to terminate the process completely at any time should you no longer wish to participate. If you have reservations or concerns about participating in Mediation at any time, please let me know.

Do we have to be in the same room for mediation? Can mediation be done virtually?

Meditation can be done virtually over zoom. It can also be done in person at my office on Auriga Drive. You do not have to be in the same room for mediation if you do not wish to.

When should we start Mediation?

You may start Mediation at any time that you would like. It is never too early or too late to start the mediation process.

Can I bring someone with me?

You may bring someone with you for support, however, both the other side and the Mediator must agree first. Whomever you bring with you may be there for your support only, they are not allowed to participate in the Mediation. They will also need to sign a confidentiality agreement and agree to not disclose anything discussed in the Mediation outside of the Mediation room.

What issues can we resolve in Mediation?

You can mediate a wide range of issues, but the most common ones are:

-            Parenting-time

-            Decision-Making

-            Child support

-            Spousal support

-            Property division

-            Communication

What if we cannot agree in Mediation?

Sometimes not every issue can be resolved in Mediation, or is applicable for Mediation. Once Mediation is completed and it is agreed to not proceed any father, you will receive a report stating all the items that have been agreed to. I will not report on anything that is outstanding. For outstanding issues, I recommend you contact a lawyer to see how to best proceed. If no issues are resolved in Mediation then you will not receive a Mediation Report.

Do I have to have a lawyer?

While having a lawyer is not required, it is strongly recommended. You should have a lawyer to advise you prior to mediation about your rights and obligations, as well to consult during the mediation process. After meditation, I will recommend that both parties take the Mediation Report provided and obtain Independent Legal Advise and convert it to a legally binding agreement.

Is mediation confidential?

There are two types of mediation, open and closed. Open mediation means that all issues, resolved or not, are reported, along with the offers made in mediation. I participate only in closed mediation, which means that I will only report on the items agreed too, and not on the items not agreed to. I will not report on any offers made but not accepted by both parties. I also have my clients sign a document stating and I will not be called to court to testify about what happened in mediation.

Is Mediation right for me?

It is up to both parties and the mediator to determine if mediation is right for you. If you are interested in mediation please contact me at Sam@RitaLaw.ca for a free 30 minute consultation to see if mediation is right for you.