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Mediation

Mediation is a voluntary negotiation process through which a divorcing couple works together with an impartial third party – a mediator - to develop a mutually-satisfactory agreement concerning the issues relevant to their separation or divorce. These issues might include parenting, the division of property and debt, child and/or spousal support, etc.

The mediator first ensures that all relevant facts are obtained and disclosed. Next, the unresolved issues are discussed with the couple deciding objective criteria to resolve those concerns. The mediator and the couple then proceed to create different options to resolve the issues and work out the consequences of those options.

In the event there are financial issues to be mediated (ie investments, pensions, asset/debt, division of matrimonial home, etc) the mediator may suggest that a financial divorce specialist attend a joint mediation session prior to the drafting of the Memorandum of Understanding to ensure that each party fully understands their financial situation and understand any implications in regards to their financial decisions.

The goal of mediation is for the parties to reach a mutually-acceptable agreement concerning the issues raised- an agreement that both of them consider fair and in the best interests of their family. The mediator makes no decisions and does not dictate an agreement for them, but rather assists them to reach common ground on each issue.

When there is disagreement, the mediator will help find the negotiating points that make the difference between a successful divorce agreement and one which ends in anger, frustration and hostility. The mediator will help you make good decisions even in moments of stress.

If an agreement cannot be reached, then the parties are free to try to settle the matter through their lawyers or let the court decide for them. However, most couples using mediation resolve the issues they are facing and leave with a better relationship that can help avoid future conflict.

Mediation is not marriage counselling or therapy. Mediation is also not an alternative to the legal system, but works within it. Lawyers are still needed to give advice and to review and sign a legally binding separation agreement.