Why Mediation?
Mediation is for people who want to make decisions between themselves about their lives and the lives of their children upon separation. With my assistance you will find that you can actually get past the hurt feelings and decide on issues that are really important to both of you. You can find a common ground. The alternative is not good: imagine having complete strangers (lawyers) telling you that you must build your case by stating every slight that ever occurred; a complete stranger (parenting assessor) putting you under the microscope and analyzing how you interact with your children, looking into your medical history, talking to your childrens’ teachers and others about you and the children, evaluating you and the children and providing a report to the court; then a complete stranger (judge) decides everything for you (based on very limited information - can he/she really know you family’s situation?). I am passionate about helping separated couples take back control and make their own decisions. I have litigated family law disputes in court for 36 years and I know that it is an absolute last resort to be used only when parties have already tried mediation. I am looking forward to providing mediation services to you and to your family.
What Can Mediators Do?
Privacy
Closed mediation means that the mediator can’t be summonsed to court and whatever is said during mediation can’t be disclosed.
Voluntary
The decision to mediate is voluntary so that each party that agrees to mediate is willingly engaged in the process.
A Statutory Requirement
Divorce Act proclaimed March 2021: Parties are required to and lawyers must encourage clients to negotiate, mediate or use collaborative law unless they have been screened out by the mediator.
Autonomy
The mediator doesn’t control the outcome and does not make any decisions. The parties control the outcome and design their own agreement with the assistance of the mediator who controls the process.
Minimize Uncertainty
Even if a party believes that their position is right, a judge may see it differently. A mediated settlement avoids the uncertainty for both parties of a judge making a decision that neither side can live with.
Efficiency
There is usually a shorter time frame to reach a settlement than going the court route. In negotiations between lawyers, there is delay in lawyers getting back to each other over issues that could easily be resolved when parties talk to one another.
Economic
Flat Fee Mediation under $8000 versus
Family Litigation $5,000 just to open the file and attend one court appearance (there are several court appearances before getting to trial). Very few family law trials can be litigated for under $50,000.
Flexible & Creative
Mediation allows parties to create their own parenting plans and allows party to come up with their own solutions about property/support that works best for them.
Effectiveness
A mediated agreement is more likely to be adhered to by the parties who created it rather than having a court impose an order upon them.
Convenience
Mediation takes place when the parties are ready and can control the schedule. Court makes the schedule for the parties and regardless of whether you may have other important matters on the day of court, you must attend court.
Collaboration
Mediation is much more collaborative and less adversarial and allows parties to move forward in a non-destructive manner.
30 min
Free
Intake
&
Process
1 / Initial Consult
After each you and spouse have completed the questionnaire and emailed back to me your responses I will arrange a free 30 minute call with each of you so we can get to know each other.
2 / Screening Call
I will have a brief confidential call with each of you to screen for safety and ensure that your case is appropriate for mediation.
3 / Next Steps
If your case is deemed appropriate for mediation then we will have a Zoom meeting or telephone call to discuss my fees and the number of hours you both agree to spend in mediation and the individuals that you wish to have involved.
4/ Retainer
Upon signing the Mediation Retainer Agreement you each pay the agreed upon fee before mediation will commence.
5/ Concluding Mediation
Upon the conclusion of mediation, I will prepare a Memorandum of Understanding/draft separation agreement. This document is not a legally binding document. To become a legally binding separation agreement you must each have it reviewed by a lawyer who will provide you with independent Legal Advice on this Agreement and it will be signed by each of you and witnesses by them. (You will be provided with a list of lawyers with whom I have worked in the past, who can provide you with ILA).