Conflict Doesn't Have To Be Inevitable
Mediation - Common Ground for a peaceful divorce
Conflict doesn't have to be Inevitable
We can Help You As a Professional Mediator
Common ground for a peaceful divorce
Conflict doesn’t have to be inevitable. A professional mediator can help you and your partner explore options and search for solutions in a spirit of cooperation.
During mediation you will have the opportunity to discuss and resolve disputes with the help of an impartial facilitator. The process is private, respectful and efficient, helping you to reach agreements before relationships ae irreparably damage or things escalate into legal action. Even if legal action has already been initiated, mediation is useful for people seeking a more effective way to resolve disputes.
What we do as a mediator ?
Learn more about the mediation process here.
Through mediation, we will work together to resolve issues such as:
- creating a parenting plan;
- division of financial assets and liabilities;
- division of marital property;
- child support;
- spousal support
When should you consider mediation ?
- If you are unable to resolve your differences and come to an agreement on your own.
- If you even think of going to court, try mediation first.
- If you cannot afford the extreme costs of litigation.
- If the conflict is between people with an ongoing relationship that is important to preserve and rebuild.
- If you like to speak for yourself, and to make your own decisions.
- If privacy and confidentiality are important to the parties.
- If any one of the above applies to you, you owe it to yourself to try mediation.
How the divorce mediation process works ?
- The parties prepare for mediation in much the same way as they would prepare for negotiations. The parties bring position statements, valuation reports, financial documents or other assessments with them into the mediation to use as a reference and to confirm values.
- The rules of behaviour and etiquette are explained by the mediator at the commencement of the mediation to ensure that a respectful and constructive mediation occurs.
- A mediation session typically lasts two to four hours with breaks throughout the session.
- During the mediation each side has an opportunity to present their point of view and tell their side to the other party. The mediator does not take sides and has no decision-making authority.
- Each party is asked to listen openly to the other party; to try and understand even if they do not agree with what is being said.
- Once each party has been heard, they are sked to think of solutions and try to come up with a mutually agreeable resolution. The mediator can be helpful by providing suggestions to the parties of ways they may consider to solve their dispute.
- The mediation may be completed in just one meeting or it may require several meetings in order for the parties to resolve all of their issues. There is no limit to the number of meetings.
- An interim agreement will be prepared by the mediator at the end of each mediation session summarizing what was accomplished during the mediation session. The interim agreement will be reviewed at the beginning of the next session for any changes, errors or omissions. It also reminds the parties of the progress that has been made so the mediation can move to the next step.
- There may be homework to be done by the parties. The parties may be asked to gather financial information and other documents between mediation sessions. It may also be necessary for the parties to consult with an accountant, actuary or lawyer for advice.
- Following the completion of the mediation, a mediation agreement or separation agreement will be drawn up based on the agreement reached during the mediation to complete the process.
- A mediator has no enforcement powers and does not participate in overseeing the performance of any agreement.
The benefits of a mediated divorce
- The cost of mediation is usually considerably lower than going to court.
- When you participate directly in the resolution of your dispute you have more control over the outcome. Unlike litigation, decisions will not be imposed on you by lawyers or a judge.
- Mediation is usually faster than going through the courts. But, if you’re not satisfied with the progress, it can be terminated at any time.
- Because mediation is not adversarial it tends to be less damaging to the ongoing relationship between you and your ex-partner.
- Mediation is private, informal, safe and comfortable, unlike the public, intimidating environment of a courtroom.
As qualified paralegals, we are able to offer a range of additional paralegal services such as pre-nuptial, co-habitation and separation agreements, transfers of land… Learn more here
Parenting after Seperation
Parenting After Separation is a two hour on-line course or a six hour seminar offering information to guardians and parents about the separation and divorce process, the effects of separation and divorce on children… Learn more here
IMPORTANT DISCLAIMER: At WIN/WIN Divorce Resolution we will provide you with information but we do not offer legal advice. Should you require legal advice, you should consult with a lawyer specializing in family law. If you do not have a lawyer, we can refer you to a lawyer to obtain legal advice.