What is mediation?
It’s a voluntary, cooperative, problem-solving process that allows and encourages parties to negotiate settlement with the assistance of a neutral third party, the mediator.
- A transparent process where the parties must be willing to openly disclose all relevant and accurate information, whether financial or otherwise, to the mediator and to the other party
- Parties speak for themselves and their lawyers are often not present
- A mediator provides general legal information, but cannot give legal advice to the parties
- Parties gather and provide financial disclosure and other information about the matters to be resolved
- A mediator facilitates respectful communication, discussion, and negotiation between the parties to help them resolve their matters
- Parties review and consider the information and disclosure to help them come up with ideas and ways to agree and settle
- Agreements take into account the parties’ individual and common needs and interests, and, if they have children, theirs are also taken into account
- Encourages parties to consider matters generally included in divorce, separation and/or property agreements.
Note that a mediator is trained to manage power imbalances but if you have a history of violence or abuse in your relationship or serious concern that the other party will not provide financial disclosure, you will need to carefully consider whether mediation is the right process for you.
Benefits of mediation
- Less expensive and less time to resolve your matter
- Is private and confidential
- Encourages respectful non-blaming dialog
- Pace and timing of meetings are determined by the participants
- Opportunity for peaceful resolution – “attacks the problems at hand and not the people”
- Creates customized solutions instead of a “one size fits all” approach
- Encourages fairness because the terms of agreement must be acceptable to both parties
- Is better for children because parents work together keeping their children’s best interests in mind
- Better outcome because parties are more likely to follow through on terms in their agreement which were mutually agreed upon
- Parties have direct control over the outcome and how long it will take to arrive at their peaceable settlement
How does mediation work?
Most mediations take place with the mediator and parties without their lawyers present, however lawyers can be present if the parties so choose.
- Parties must be willing to be honest and negotiate in good faith
- Parties must provide full and accurate financial disclosure
- Mediation meetings are generally 2 to 3 hours, scheduled at the times and pace that work for the parties and mediator
- The mediator helps parties to identify and discuss issues that need to be resolved
- The mediator also helps parties to consider their interests and what is important to each of them
- Parties retain full control over their decisions and what they agree to in their settlement
- The agreements that the parties make in the mediation meetings are incorporated into a written memorandum or draft agreement document, prepared by the mediator
- Each party is legally required to have their own lawyer review and provide independent legal advice on their agreement before the final version is signed
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