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Separation Mediation | Divorce Mediation

Separation and divorce is an unfortunate reality for many families.

Rather than degenerate into conflict dealing with the issues that inevitably have to be dealt with such as

  • How you will make important decisions regarding your children’s wellbeing
  • A parenting schedule that works in your children’s best interest
  • Where your children will live
  • What your children’s views and preferences are on the issues that affect them
  • How much, if any support is payable for child support
  • What the proper income is for each party
  • Entitlement (if any), amount, and duration of spousal support
  • How the family home/matrimonial home will be dealt with. Will one party be keeping it? Will it be sold? Will the sale be immediate or deffered? If there will be a buyout, how will payment be structured – cash or installment payments overtime?
  • Division of other family property
  • Equalization of net family property
  • Valuation of businesses and other properties

It is best to negotiate your own settlement within the mediation process that both parties can live with. Mediation is more cost-effective, it is confidential, and it is focused on what is important to your family. We can have your mediation done online or in person. You can choose to to be in the same room with the other party, or you can choose to not speak directly to the other party at all. The choice is yours. You have control over how the process works for you. Mediation can work for you even if you have been separated for a while and have an existing separation agreement or court order. If you’re looking to make a change to the existing arrangements in place, mediation could be the best option for you.

For starters, mediation is faster. If you brought a motion to change in court for example, you could spend years and tens of thousands of dollars before you get a decision. In that scenario, nobody wins.

Given the scarcity of judicial resources, you get very limited time in front of judge to explain why the change you are seeking is appropriate. It is no wonder that the family court system puts an emphasis on alternate dispute resolution processes, the main of which is mediation.

Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Family dispute resolution process
7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 2019, c. 16, s. 8

Duty to discuss and inform
7.7 (2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

Children’s Law Reform Act, R.S.O. 1990, CHAPTER C.12

Mediation
31 (1) Upon an application for a parenting order or contact order, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. R.S.O. 1990, c. C.12, s. 31 (1); 2020, c. 25, Sched. 1, s. 9.

Alternative dispute resolution process
33. (3) To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Part through an alternative dispute resolution process, such as negotiation, mediation or collaborative law. 2020, c. 25, Sched. 1, s. 10.

If you are going through a common-law separation, divorce, or want to change the terms of your separation agreement or court order, mediation is likely the best option for you. Contact us today to find out if mediation is appropriate for you.

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