Mediator in Oakville
MEDIATOR IN OAKVILLE
What is Mediation?
Mediation is a form of out-of-Court resolution process. In the family law context, the purpose of Mediation is a neutral facilitator who is there to help couples resolve issues arising from their marriage and separation. Those issues include the division of assets and debts, parenting arrangements (custody and access), child support including Section 7 Special or Extraordinary Expenses, spousal support.
Mediation is a voluntary process. Before Mediation can begin, both spouses must agree to participate and both must sign a Mediation Agreement. No one can be forced to participate in Mediation.
When you choose Mediation to resolve family matters at our firm, you are choosing to:
- Work with a neutral person to facilitate the difficult conversations about issues that really matter to you;
- Work with an experienced Family Mediator who knows the issues you need to address on Separation, Cohabitation or Marriage;
- Work together, with the help of our Mediator, to create a balanced global settlement that is tailored to you and your family.
Why Choose Family Mediation in Oakville?
Divorcing couples often choose Mediation because:
- Mediation is substantially less adversarial and less costly than Court litigation
- Mediation provides for privacy and confidentiality.
- You can choose the Mediator based on the Mediator’s background and experience in issues that are important to you (you can’t choose the Judges in Court that will impose decisions on you and your family).
- All parties are participating in the final outcome, which is much more preferable to leaving important decisions to a Judge or Arbitrator. Mediation creates a “buy in” by the parties involved. Separation Agreements reached through Mediation are more sustainable and long-lasting than Court Orders, because people are more likely to follow Agreements they created themselves than Orders imposed upon them.
- Mediation enables the spouses to control the outcome and final decisions. The terms of your settlement will be tailored and personalized to your family’s needs and priorities, rather than the typical one-size fits all (but doesn’t really fit anyone all that well) procedures and outcomes provided in Court Orders.
- The law is always in the background of any settlement. In Mediation, you and your spouse are able to structure a global settlement in a way that satisfies your unique interests and concerns.
- Mediated Separation Agreements include Dispute Resolution clauses that provide a clear process for addressing and resolving issues that might come up in the future.
How Does it Work?
Our firm’s Mediation process generally follows the following steps:
1. All parties who will be parties to the Mediation process will contact our office separately to set up individual appointments. We need to do this because Mediation is a voluntary process, so we need to hear from every person who will be involved in the Mediation before we schedule the Mediation Session.
2. Your Mediator will meet with each party separately first in order to learn about each person’s individual concerns and goals, and to screen them to make sure the Mediation is structured appropriately to meet the divorcing couple’s unique needs.
3. A Joint Mediation Session will be scheduled where the parties will talk about their individual concerns and goals, and with your Mediator’s help and guidance, an Agenda will be prepared that sets out the issues to be discussed and resolved in order of priority. You will each have the opportunity to identify pressing issues that need to be addressed immediately.
4. Your Mediator will send all parties to the Mediation Confirming Letters after each Joint Mediation Session, setting out what was discussed in the Joint Mediation Session and any agreements reached.
5. Once all issues have been addressed by agreement, your Mediator will prepare a Memorandum of Understanding (a summary of the settlement terms) and/or a draft Separation Agreement. You will take this to your respective lawyers for Independent Legal Advice and signing. Once you sign it, this document will become your Separation Agreement.
6. At any point during your Mediation, and certainly before a Separation Agreement is signed, each party must obtain Independent Legal Advice from their own respective lawyers.
Family Mediation for all Members
Many family matters can be resolved through Mediation. The resulting Agreements include:
- Separation Agreements;
- Cohabitation Agreements;
- Marriage Contracts (aka Pre-Nuptual Agreements or Prenups);
- Parenting Plans;
- Plans for Elder Care;
- Adoption Openness Agreements; and
- Issues involving Wills and Estates.
Let’s Connect
Free Consultation