Mediation
Mediation is an alternative form of conflict resolution where a third party assists in disputing conflict between parties through the use of specialized negotiation and communication techniques. Here’s some common questions regarding the process of mediation:
Why choose mediation?
Mediation offers an alternative solution to legal determination for those navigating procedural and interpersonal issues with individuals who are open and willing to try and settle. Mediation fosters cooperation by improving communication, avoiding the uncertainty of a juridical outcome. Mediation is both cost and time effective as well as fair and neutral. Treena is a registered Family Mediator who is able to provide support for individuals and families.
Why is family court (litigation) so expensive?
Litigation is expensive largely due to the amount of effort and attention that is devoted and required to the process. Most of the fees associated with litigation are associated with professional fees. In the case of a disagreement regarding the division of property, assets, child and spousal support, the cost increases.
What is a separation agreement?
A separation agreement is a binding agreement between both parties which allows both partners to live separately and apart in the absence of a legal end of marriage. This agreement outlines a formal agreement between both parties which outlines their responsibilities and rights during the period of separation. This agreement can help in providing clarity and managing potential disputes.
How much does mediation cost?
Mediation is a more affordable option than court. The average cost of mediation is under $5000
How long does mediation last?
Mediation sessions usually take between one to two hours, and it may take multiple sessions to lead to a final agreement
What is financial disclosure?
A financial disclosure is a document provided to the other party and court with information regarding your income, expenses, assets, and debts for the purpose of separation and distribution.
What is a date of separation?
A date of separation is the exact day that you and your partner separate. This occurs when both parties physically separate from one another or when the intent to end marriage is discussed and followed through. This date is used to determine the distribution of assets, debt, support payments, and a finalization of divorce (AGS Law, 2021).
What is a parenting plan?
A parenting plan is a written document that outlines the details agreed on by both parties about how their children will be raised following divorce or separation (Ontario, 2018). This document serves as a guide of the principles and rules on how to navigate shared time and responsibility yet offers flexibility in navigating responsibility as children grow up.
Can I force my spouse to attend mediation?
No, mediation cannot be forced. Both parties must consent and attend to mediation.
How do Lawyers fit into the process?
Meditation sessions can be attended to with or without the presence of a lawyer. If present, lawyers can provide independent legal advice for their representatives, help prepare the mediation process, offer guidance for possible settlement options, as well as prepare, review, and enforce the terms of agreement prior to signing and finalization (Legal Line, 2022).
What is the difference between being Separated and being Divorced?
A separation occurs when two parties decide to live apart from one another, whereas divorce is when the court legally ends the marriage (AFCC Ontario, 2022). A separation does not involve legal or court involvement and does not have to be mutually agreed upon. Divorce can only occur between a legally married couple, while both married and unmarried spouses can separate.
If you’re interested in mediation, give us a call at (647)-267 9853 to book your session today. We have a registered Family Mediator named Treena, who can help you navigate through challenging times.
References
How does date of separation affect divorce?. AGS LAW Professional Corporation. (2021, June 2). https://agslaw.ca/how-does-date-of-separation-affect-divorce/#:~:text=According%20to%20Ontario%20family%20law,intent%20to%20end%20the%20marriage.
Law document english view. Ontario.ca. (2018, November 19). https://www.ontario.ca/laws/regulation/990114#BK34
Role of lawyers in mediation - free legal information: Legal line. FREE Legal Information | Legal Line. (2022, August 6). https://www.legalline.ca/legal-answers/role-of-lawyers-in-mediation/
Parenting plan guide and template - AFCC ontario. AFCC Ontario - Association of Family & Conciliation Courts. (2022, June 16). https://afccontario.ca/parenting-plan-guide-and-template/