Mediation
Get Help with Family Mediation
Family mediation is a voluntary process for negotiating family law matters where the mediator helps the couple to communicate about how to jointly resolve their concerns. As the mediator, I assist the parties to discuss the issues that they need to resolve in a respectful and productive manner. It is up to the parties to make the decisions. The mediator does not decide the issues for the parties. If there is consensus, I can draft an agreement (separation agreement, cohabitation agreement, or marriage contract) that the parties each take to their separate lawyers to review, and, if appropriate, to sign.
How does mediation work?
Both parties must agree to mediate, and both parties must sign a mediation agreement. Unless otherwise agreed, the parties each pay for half of the mediator’s fees. The parties separately complete intake forms, and then the mediator meets separately with each party to begin to identify the issues, goals, and concerns of each party, and to assess whether the case is suitable for mediation. If the case is suitable, the mediator works with the parties to collect and exchange the relevant financial information. One or more sessions are scheduled where the mediator meets with the parties together to discuss how to resolve the issues.
During the mediation, I can provide legal information, but I do not provide legal advice to the parties. The parties might bring their lawyers to the mediation, or might decide that they can do the negotiating on their own. It is possible to involve neutral financial and family professionals in the mediation. If there is consensus, I can draft an agreement (separation agreement, cohabitation agreement, or marriage contract) that the parties each take to their separate lawyers to review, and, if appropriate, to sign. The independent legal advice that each party obtains ensures that each party understands the relevant law and the term of the agreement, and helps to protect against the agreement being overturned in the future on the grounds that the party did not understand what he or she was signing.
What are the advantages of mediation?
Mediation is a confidential and private process that gives the couple a lot of autonomy. Mediation prioritizes the needs of the children. Mediation tends to be far less costly and much less adversarial than a court process. Mediation usually moves far more quickly than a court case. The parties retain the control to make the decisions, instead of giving that power over to a judge or arbitrator. There is an opportunity to “think outside the box” and “expand the pie” that is not always there if a matter goes to court. Mediation can improve communication and cooperation between the parties.
Mediation doesn’t always work
When mediation works well, it can be a very constructive, efficient, and relatively inexpensive process resulting in a durable and robust domestic contract. When the parties do not reach agreement, the parties have to find another process to resolve their dispute: that might be court, arbitration, or negotiation without the mediator. They will have spent time and money on the mediation, and could become entrenched in their positions. Neither party can call the mediator as a witness or ask the mediator to produce her file for any reason.
Collaborative Family Law shares some similarities with mediation, but provides more supports for the couple as they negotiate.
Did you know?
Mediation is an out-of-court form of alternative dispute resolution. Section 7.3 of the Divorce Act and section 33.1 of the Children’s Law Reform Act both require the parties to a family law proceeding (except where inappropriate to do so) to try to resolve the matters in dispute through a family dispute resolution process including negotiation, mediation, and collaborative family law.
Qualifications
I am a dedicated family lawyer with extensive experience in resolving a wide range of family law matters. In addition to my legal practice, I hold an Advanced Family Mediation certificate, equipping me with the skills to facilitate constructive, solution-focused discussions between parties.
My approach prioritizes collaboration and minimizing conflict, helping families navigate difficult transitions with dignity and respect. I am also an Associate Member of the Ontario Association of Family Mediators, reflecting my commitment to maintaining the highest standards of mediation practice in Ontario. Whether through litigation or mediation, I am dedicated to finding the best possible outcomes for my clients.