HOW DOES IT WORK?

 

#1 - Initial Contact

After you and your partner make the difficult decision that you can no longer continue together, what do you do?

If you want to save money on legal fees but ensure a solid agreement on how to divide your property, how to parent your children (if any), and support issues, use the Contact Form on Page 4.  

 

#2 - First and Second Meetings
Mediators will meet with each person individually to get to know them and understand what stage of the separation process each one is experiencing. The next meeting will take place with both partners and the mediator during which the mediation process is explained - for example, the focus on interests rather than the law, caucusing when appropriate, equal air time for both. 

We will review the terms of an Agreement to Mediate, set Ground Rules for the conduct of our meetings, and set an Agenda.

 

#3 - Understanding Interests

Each person will have goals that are not immediately stated but which might be driving a dispute. 

During the mediation process, those underlying interests are identified and clarified. The partners might come up with a number of options that might work. 

 

#4  - Creating Solutions 

After they understand the other person's interests, the partners discuss various ways an agreement can meet their needs. 

It is a creative process during which each is open to suggestions; some are accepted, others are rejected.

They will explore various optios until they find those that meet the needs of each partner. 

The final stage is to summarize the terms that will form the final agreement. 

 

#5 - Next Steps

To ensure their agreement is full, final, and binding, the partners will each retain an independent lawyer who will give legal advice. The advice follows what is available under the law, but mediated agreements can contain terms that are not a strict application. It is important for clients to know what the law could provide and how it might differ from what they agreed to accept as a settlement. 

 

#6 - Divorce (if appropriate)

After the division of property, the parenting plan, and support issues are resolved, the couple (if married) can obtain a "desk divorce". The appropriate documents are prepared, filed, and served and the time lines under the Divorce Act are followed.

As part of package offered to couples who mediate with us, we include the preparation of documents in our flat fee, with advice on the filing, serving, and conclusion of the divorce process.