WHAT IS FAMILY MEDIATION SERVICES?
Family mediation services and family mediation is a voluntary way of resolving disputes where a trained mediator helps parties to resolve disputes about family issues. The mediator does not decide the case. Instead, the mediator helps the parties reach an agreement that is acceptable to both of them.
WHO ARE FAMILY MEDIATORS?
Family mediators are neutral, trained professionals who help families resolve conflicts, particularly during separation or divorce, in a constructive and non-adversarial manner. They facilitate discussions between parties, guiding them to find their own solutions to issues like child support, financial arrangements, and property division. Mediators do not make decisions for the parties but ensure that communication remains respectful, focused, and productive. Mediators may come from various professional backgrounds, such as law, counseling, or social work, and they are certified through specialized training programs to handle sensitive family matters effectively. Their goal is to help families reach agreements that work for everyone involved while minimizing the emotional and financial toll that often comes with legal battles
DO I STILL NEED MY OWN LAWYER IF I WANT TO MEDIATE?
A party considering mediation may speak to a lawyer before seeing a mediator. It is helpful to know the law and your rights and obligations before mediation starts. Sometimes parties take their lawyers with them to mediation, because they do not feel confident advocating for themselves, or they want legal advice during the course of the mediation to make sure the discussions are on the right track. It is also important for each party to review any agreement reached during mediation with his or her respective lawyer before signing it. Parties who use mediation still need to get Independent Legal Advice with regard to their settlement if they want to have a separation agreement that a court is likely to enforce.
IS A MEDIATION AGREEMENT BINDING?
Mediation itself is not legally binding, but the agreements reached during mediation can be formalized into a legally binding contract if both parties choose to do so.
CAN WHAT I SAY AT MEDIATION BE USED AGAINST ME?
Generally, discussions about settlement are not admissible in court. However, Ontario has two types of mediation in family matters: open and closed. In closed mediation, all discussions between the parties are confidential and cannot be used as evidence against either party, with very few exceptions (for example, where concerns arise over the welfare of a child). In addition, the mediator will not report to the lawyers or the court on the progress of the mediation or provide an opinion on the issues that have been discussed in mediation to anyone other than the parties themselves. Open mediation means that the process is not confidential. With open mediation, the agreement to mediate, or mediation contract, may also authorize the mediator to prepare a report once the mediation finishes.
WHAT IS ARBITRATION?
Where mediators do not impose a decision on the parties, arbitrators do. The arbitrator is usually an experienced Family Lawyer, psychologist or social worker, who knows Family Law well, and also knows the law with regard to the procedure for conducting a formal hearing to decide issues between the parties. With arbitration, the arbitrator makes the decisions after reviewing the evidence of the parties. The idea behind arbitration is that the parties pick their judge, who is known as the arbitrator. In picking an arbitrator, the parties can choose someone who has the same outlook or values as they do. The parties pay that arbitrator an hourly rate for his or her work. However, arbitration is still usually faster and less expensive than court, as the parties and the arbitrator can agree to streamline the process. Also, because the parties are paying the arbitrator, he or she often spends more time getting to know the parties and their situation. Judges are not always permitted the luxury of having a lot of time to spend on a particular case.
WHAT IS MEDIATION/ARBITRATION?
Mediation/arbitration is the hybrid ADR approach. As the name implies, it is a combination of mediation and arbitration. In this process, all of the earlier procedural steps that are found in a court case (Case Conferences, Settlement Conferences, etc.), are replaced by mediation. If the parties are unable to reach a resolution at mediation, then the same person who was the Mediator becomes the Arbitrator. When the parties decide that a mediated result is not possible, the Arbitrator makes a binding decision on the issues. However, the Mediator/Arbitrator cannot base his or her decision on what occurred at mediation. There must still be a formal arbitration hearing or, for temporary matters, formal motions. How those motions or the final arbitration hearing takes place is exactly the same as if the parties had decided just to go to arbitration.
WHAT TYPES OF DISPUTES CAN BE RESOLVED THROUGH MEDIATION?
Mediation is effective for a wide range of conflicts, including divorce, decision making, parenting plan, and all other family disagreements. It’s especially helpful when maintaining a relationship is important.
WHAT ARE THE BENEFITS OF MEDIATION COMPARED TO GOING TO COURT?
Mediation is typically less expensive, faster, and less adversarial than litigation. It promotes open communication and allows the parties to control the outcome, rather than having a judge decide.
WHAT SHOULD I EXPECT FROM A MEDIATION SESSION?
During a mediation session, both parties will have the opportunity to speak openly and discuss their concerns. My role is to facilitate the discussion, keep it productive, and help identify solutions that work for both parties.
DIVORCE COACHING FAQ
WHAT IS DIVORCE COACHING, AND HOW CAN IT HELP ME?
Divorce coaching is a supportive process that helps you manage the emotional and practical challenges of divorce. I provide guidance, help you build resilience, and empower you to make informed decisions during this difficult time.
WHO CAN BENEFIT FROM DIVORCE COACHING?
Anyone going through or considering a divorce can benefit from coaching. Whether you need help navigating the legal process, managing emotions, or rebuilding after divorce, my coaching services are designed to provide support and guidance.
HOW LONG WILL I NEED DIVORCE COACHING?
The duration of coaching varies depending on your specific needs. Some clients may need support for a few sessions, while others benefit from ongoing guidance throughout the divorce process.
WHAT ARE THE FEES FOR DIVORCE COACHING?
My fees for divorce coaching are based on session length and package options. I offer flexible packages to suit different needs and budgets, and I am happy to discuss the best option for you during an initial consultation.
CAN DIVORCE COACHING HELP WITH CO-PARENTING?
Yes, I offer support with co-parenting strategies, helping you navigate parenting agreements and improve communication with your ex-spouse to ensure the well-being of your children.