Why choose Mediation?
Mediation is an alternative to the traditional divorce process. Whereas working with lawyers can mean high costs and communication breakdowns, mediation gives you the opportunity to have control and come to an agreement that works for both parties! The risk is low, because the process is based on you and the other party’s ability to negotiate. Further, mediation can be a better option than going to court and relying on a judge to make those decisions for you!
According to Legal Aid Ontario mediation can cost on average $5,000 for the entire process. Whereas the family court journey can cost anywhere from $5,000 - $25,000. Further, the timeline to settle a dispute in court can take months or even years, whereas mediation is based on you and the other party’s timelines.
What does Mediation Look Like?
How do Family Law Mediators cut down the cost of a divorce? They do this by drafting the Memorandum of Understanding (MOU) or a draft separation agreement. These documents outline the terms of the agreement set out by both parties and is written by the mediator. It will later be turned into a Separation Agreement by a lawyer that you choose. This saves money because the mediator facilitates the negotiation and legal writing– saving the clients from paying two lawyers to do the work.
Step 1: Contact the Family Law Mediator. At this stage the mediator will explain the entire process, fees structure & will let both parties know what to expect from the next meeting. They will do this with both parties separately.
Step 2: Screening process. At this stage each party will meet the mediator to assess their ability to negotiate. These sessions can last anywhere from 1 -3 hours and are one-on-one. The mediator will be using their screening tools to determine if both parties are ready for mediation. If they are not, then mediation ends. If they are appropriate for mediation, the mediator will ask both parties to collect documents, complete programs, get independent legal advice (ILA), etc. in order to continue to the next step.
Step 3: Actual mediation. At this point both parties meet and discuss issues pertaining to their agreement. You will complete financial disclosure with the mediator in order to determine equalization and the splitting of assets/debts. In mediation both parties will discuss issues such as parenting time, special expenses, holidays/vacations, support obligation, equalization and more. The parties negotiate with each other and can ask the mediator to provide resources, options, and legal information. Once these meetings are completed, the mediator writes the agreement.
Step 4: Both parties go to their own prospective lawyers to review the document and get independent legal advice. Once they are satisfied that it's a fair agreement, the parties will ask one lawyer to turn the draft agreement or MOU into a separation agreement. Now the parties can jointly file for divorce in court with their financial disclosure, their separation agreement and all of their supporting documents.