Family law mediation is an alternative approach to what can sometimes be an adversarial process of divorce litigation. Mediation is a way of resolving disputes in a more amicable and peaceful manner, and in finding lasting solutions that are favourable to both parties. It is less time-consuming than traditional legal proceedings and has the benefit of being conducted in private. If you would like to take the approach of mediation, contact us so that we can guide you as you embark on the process.
The mediator works together with the spouses as a neutral third party, providing advice and helping the spouses to come to an agreement about various issues. The mediator does not make any decisions regarding the case, but it is the parties themselves that have the power to make the decisions.
The mediator guides the parties in decisions about the division of the joint estate, or the accrual (as the case may be), as well as maintenance and parental rights and responsibilities, including the exercise of contact rights in the case of minor children. We will then draw up a settlement agreement for you, to be made an order of court.
Each spouse will have the opportunity to have his/her own attorney review the settlement agreement before you agree to sign same.
When the summons is served on the defendant, the settlement agreement will be attached to it. Upon expiry of the period of time specified in the summons, the case will be enrolled by one of the parties, (usually the plaintiff), who will also finalise the divorce, with the terms of the settlement agreement being part of the divorce order.