Divorce mediation is a dispute resolution process whereby a mediator assists couples to reach a settlement out of court that is favourable for both parties. Often, divorce mediators are lawyers. However, other qualified experts like social workers with relevant training in the area may serve as mediators. A mediator should have a thorough understanding of family law and mediation issues to ensure that the final settlement passes the courts’ scrutiny. The role of a mediator is to guide the negotiations in line with family law. A mediator cannot take sides, make decisions, or give legal advice.

Some of the issues handled during mediation are child support, custody and access, property distribution, and spousal support and duration. Mediation may not be favourable for all couples, especially couples with a history of power imbalance and domestic abuse.

What Happens During Mediation

Upon choosing mediation as a way of resolving a divorce case, the parties involved have to choose a mediator. Mediators are available through community-based programs, Family Court Systems, and other settings. The parties share the cost of hiring a divorce mediator.

Pre-mediation Stage

Before commencing the mediation, the mediator gathers the background details of a divorce case, marriage, family situation, and the nature of the issues to be resolved. This process is known as pre-mediation. The mediator may gather this information through a phone call. A mediator may also require the parties to fill some pre-made forms. Other mediators will use the first appointment to gather all the information they need about a case. The parties may choose to attend the mediation sessions or have their lawyers attend on their behalf. Either party may attend the mediation accompanied by their divorce lawyer Toronto. The parties will sign a mediation agreement before the actual mediation. This agreement highlights areas like how the mediation sessions will be conducted and the role of the mediator.

Negotiations

The mediator may meet with the parties together or separately during the negotiations. If the mediator chooses to address the parties separately, he or she will alternate between rooms, solving various issues. In the latter arrangement, there will be periods of inactivity as the mediator talks to the other party. The mediation proceedings are confidential and often held on camera. The mediator or the spouses cannot use the information from the sessions as evidence in a court hearing unless the law requires them to. How long the mediation lasts depends on how complex your issues are, the parties involved and their decisiveness and whether it was the courts that referred the 2 parties.

After the Negotiation

When the negotiation is complete, the respective lawyers or the mediator drafts the divorce settlement agreement that includes parenting planning if the couple has children. The parties will sign the document; the document is also witnessed. This document is legally binding. The success of a mediation depends on whether the parties are committed to the process and willing to compromise.

Preparing for a Mediation

The parties can prepare for the mediation process by:

● Identifying and listing all the issues that require resolution
● Being careful when choosing a mediator – parties should choose an impartial mediator who allows a neutral environment during negotiations
● Gathering and organizing your financial information, including assets, debts, liabilities, and income tax returns, among others
● Hire an experienced lawyer
● Prepare mentally

If you are considering hiring a divorce lawyer in Toronto, contact us at Simple Divorce. Our lawyers have relevant experience in negotiations; they will adopt a creative approach to get a favourable outcome.