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Family mediation is a process whereby the issues arising from a separation are resolved by the parties themselves with the assistance of a neutral mediator. The process is voluntary and informal. The mediator's role is to facilitate, rather than to direct, the discussions leading to agreement on all issues.
Mediation is an excellent process for resolving the issues which arise from a separation and which typically include a parenting plan for children, child and spousal support, and equalization of property.
Unlike other processes, in family mediation the decisions rest with the parties rather than other persons. The couple can tailor their agreement to their specific family needs. The couple can consider aspects not normally attended to in other processes, such as how they will interact in the future, not only with each other but also with other family and friends.
The family mediator will use his training and experience to help the couple define their issues, bring to the surface their underlying concerns, and craft an agreement which meets the short and long term needs of the parties and their family.
The process begins with individual meetings between the mediator and each of the parties during which the couples suitability for mediation will be confirmed. These are followed by joint sessions including individual caucuses. Where appropriate, the mediator will interact with the parties' lawyers or other professionals who may be involved.
Preparation of the Agreement
When the parties have reached consensus on all issues, they will assist the mediator to prepare an agreement which meets the requirements of the Family Law Act. Where appropriate, the mediator will receive input from the parties' respective counsel. When a draft of the agreement is ready, it will be reviewed by the parties and when they are satisfied with its contents they will be given good copies to sign in the presence of their respective lawyers who will be asked to certify having provided independent legal advice.
Divorce Judgment
At the resolution of all issues by separation agreement, the parties will be ready to proceed with their divorce application. Divorce Resolution will prepare the necessary paper work for the parties to review and sign and will attend to its filing with the Court. When the divorce judgment is issued by the Court, copies will be provided to each party.
