Please Note: This
information has been taken from the pamphlet entitled
Facing Divorce by Family
is a cooperative process in which a neutral
third party professional helps separating
couples develop solutions to the issues facing
The goal of mediation is
a settlement that you, the separating couple,
achieve, that considers the interests of the
family members and will be lasting, because
you are responsible for it.
In mediation ...
you and your (common law)
spouse work together with a professional family mediator
to reach agreement on:
- how and when to separate
- parenting plans
- child and spousal support
- division of property
and other important issues.
With the help of the mediator, all
options available to you and relevant to your situation,
will be discussed in a respectful and open way.
Through mediation couples are encouraged
to separate their (common law) spousal role, which is
ending, from their parental role (where applicable),
which is continuing. Clients learn how to assess their
present financial situation and how to provide for their
Finding a mediator...
Mediators are professionals
with specific training in mediation, who come from
a variety of backgrounds including law, social work,
education and psychology. Mediation services are offered
by private practice mediators, a number of mental health
and human service agencies, and, in some areas of the
country, through government funded court-related services.
Mediators in private practice charge an hourly rate
which is usually shared by both (common law) spouses.
Your lawyer's role...
The mediator does not take
the place of your lawyer. You will be encouraged to
maintain independent legal advice throughout the process
and you must review the final mediated agreement with
your lawyer prior to signing.
The benefits of mediation...
- promotes communication
- allows you to control the decisions
that affect your life
- is typically less costly than
- benefits children and others
by reducing conflict
- is confidential, avoiding public
disclosure of personal problems
Research also shows compliance
wuth mediated agreements is higher than with imposed
court judgments. The result is less post-divorce litigation.
|For more general information
regarding family mediation, please visit Family
Mediation Canada on-line....
a Family Mediator