MEDIATION IS THE OPPORTUNITY TO CHOOSE YOUR PATH FORWARD
What Is Mediation?
Mediation is a voluntary dispute resolution process, which means that the parties need to agree to participate in the mediation process and agree on the selection of a mediator.
The mediation process usually involves one or more mediation sessions, which are meetings either in-person or virtually with the participants and the mediator, to discuss the issues that need to be resolved and try and find fair and equitable solutions that work for all parties. The mediator will prepare an agenda for mediation and will guide the conversations in mediation.
Participation in mediation can be with or without lawyers being present. If parties are participating in mediation without lawyers present, the parties are strongly encouraged to consult with lawyers before mediation so that they have some understanding of their rights and obligations. The parties are also strongly encouraged to have lawyers review and advise on any agreements reached through the mediation process.
Full financial disclosure, including assets, debts and income, is essential to most mediations, and parties will need to exchange financial disclosure forms before mediation occurs. Parties will also need to complete confidential intake forms for the mediator, which will be used by the mediator for the separate, private pre-mediation screening meetings scheduled before the date of mediation.
For more information on Carolyn’s mediation process, please see the “FAQ” tab.
Why Choose Mediation?
Mediation is an opportunity to resolve differences and to create a fair and equitable agreement between parties.
For some parties, it is an opportunity to transform their prior relationship as a couple and family into a new relationship as co-parents. For other parties, it is an opportunity to set their separate paths forward.
Each couple, each family and each party may have different goals and different objectives. Mediation gives each participant the opportunity for their interests and views to be heard and considered in crafting their agreement.
The process of mediation is much more cost-effective and less stressful than the litigation process, and the parties have control over the outcome. Some parties choose mediation at the beginning of their separation, while others may come to mediation at some point after already participating in the litigation process.
How To Start The Mediation Process?
For mediation with lawyers, the lawyers can review available dates on the “Calendar” tab and select a date that works for the lawyers and their clients. The booking email needs to include the names of the parties for a conflict check and the requested mediation date. Carolyn will respond by email confirming the date and providing a cover letter, Agreement to Participate in Family Law Mediation and Confidential Intake Form.
For mediation without lawyers, both parties will need to send an email to Carolyn confirming that they want to participate in the mediation process. Carolyn will complete a conflict check and then send her cover letter, Agreement to Participate in Family Law Mediation, Financial Form and Confidential Intake Form to be completed by the parties.
A date for mediation will be scheduled after both parties have signed and returned the Agreement to Participate in Family Law Mediation.
Mediation without lawyers will typically involve more than one mediation session. When an agreement is reached, it will be documented as an Agreement in Principle, which is a summary of the terms agreed to by the parties in mediation. The Agreement in Principle will be subject to both parties having the time and opportunity to discuss it with a lawyer before the terms become final and are incorporated into a full separation agreement.
Mediation Q & A
What is the role of the mediator?
As mediator, Carolyn’s role is to facilitate discussions and negotiations as a neutral, unbiased third party.
The mediator does not make any decisions for the parties and cannot act as a “Tie breaker” if the parties cannot reach an agreement.
As mediator, Carolyn can provide legal information, such as references to sections of applicable legislation, and share experiences and ideas, but the mediator cannot provide legal advice to either party.
For mediation with lawyers, Carolyn is an evaluative mediator, giving feedback to the parties and their lawyers during the mediation process.
Do lawyers have to attend mediation?
Parties can choose to attend mediation with or without a lawyer, however parties are encouraged to get their own independent legal advice before, during and after the mediation process.
If a settlement is reached at mediation, it will be very important for each party to have independent legal advice on the agreement in principle and on the separation agreement.
Are there any documents that need to be done before mediation occurs?
For mediation without lawyers, Carolyn will send the parties a cover letter with the agreement to participate in family law mediation, a confidential intake form and a financial form. The agreement to participate in family law mediation must be signed and returned by both parties before a date for mediation is booked.
The confidential intake form and the financial form must be returned to Carolyn at least two weeks before the mediation date, along with the requested income and other documents.
The need for third party reports, such as property appraisals or business valuations, will be discussed at the first mediation session if those reports are not already available.
For mediation with lawyers, the parties and lawyers will need to sign and return the agreement to participate in family law mediation, and then the parties will need to complete the confidential intake form and return it to the mediator.
The lawyers will need to provide their mediation briefs and any other relevant documents, including financial statements and pleadings, at least one week before the date of mediation.
How long does mediation take?
Every couple and every family is different, and as a result the time needed for each mediation differs. The amount of time required depends on the parties and on the nature and complexity of the issues.
For mediation without lawyers, the process of mediation typically involves more than one session.
The initial mediation session is usually scheduled for a full day. Mediation continuations are given priority, and can be done in part-day or full-day sessions.
Mediation is not always easy. There are often difficult discussions, emotions and other challenges to a party’s ability to continue participating, so it is important for parties to take breaks and to acknowledge when they may need to end a session early to ensure that they can participate in the process at their best.
How is a settlement reached at mediation documented?
For mediation without lawyers, if a settlement is reached at the end of the mediation process the parties will sign an agreement in principle, which is a summary of the agreed terms, and they will then have the opportunity to obtain legal advice before the terms are incorporated into a separation agreement.
For mediation with lawyers, the parties will sign minutes of settlement at the end of the mediation process. A separation agreement or a consent order is usually then prepared by the lawyers to formally document the settlement.
Does mediation always result in agreement?
The majority of parties participating in the mediation process are successful in reaching an agreement.
Even where parties to not reach an agreement, it does not necessarily mean that the process was not helpful or that the parties will not be able to reach an agreement in the future.
Sometimes parties are too far apart in their positions to find a mutual place of agreement. Other times the issues may be too complex for the parties to resolve without additional assistance. If parties have attended mediation without lawyers, they have the option to return to mediation with lawyers to try and resolve those issues.
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