Step 1: Telephone Interview/consultation: (30mins+)
This is the first contact the mediator has with you. This conversation is an opportunity for the mediator to ask you some basic questions and to answer any questions you may have regarding the mediation process. This telephone conversation/consultation can be done on an individual basis or can be done jointly with the two parties involved.
This step provides an opportunity for you to get to know your mediator but also for your mediator to get to know both of you as well. During the consultation the mediator will inquire about your specific situation, will ask what your objectives are, and with your permission, will ask some questions regarding your specific situation in order to determine which package would best suit your needs. The mediator will then provide you with a brief description of the process and the cost of the different packages offered. With your permission, she will then email you a brief summary of the package she recommends and will attach the Client Questionnaire and Agreement to mediate you will each need to fill out and email back to her if you decide to proceed. Mediation will not begin until the Agreement to Mediate has been signed.
Step 2: Individual meetings or intakes (1 hour per individual)
The objective of this meeting is to ensure that your case is suitable for mediation (screening process) and also an opportunity for you and the Mediator to discuss in confidence your priorities, concerns, fears and issues. It also gives the Mediator the opportunity to review with you some of the information contained in your intake form and answer any questions you may have relating to the mediation process. This session is completely confidential.
Step 3: Joint Mediation & Parenting Plan sessions (2 or 3 sessions of 1-2 hours each):
During these joint sessions, with the support of the mediator, both parties will examine their interests, identify issues, explore options, consider alternatives and finally make decisions about their future actions and outcomes. The objective of these sessions is for parties to understand their choices, the interests that are hidden behind their positions and to communicate with each other so that they can find enough common goals and interests to come up with an agreement they can both live with and support.
Step 4: Review of the drafts
In this concluding session, the mediator will provide you drafts of all your documents, which will include, your Net Family Property calculations, your Support calculations (Child and/or Spousal), your Parenting Plan if applicable, and your *Separation Agreement. As previously discussed once signed, your agreement is legally binding therefore we do encourage all parties to seek Independent Legal Advice (ILA) before signing your Separation Agreement.
Step 5: Finalizing the Agreement
Once you have provided your sign off on all the documents and once you have obtained your *ILA if applicable, the mediator will provide you instructions on how to finalize everything. She will discuss with you what your next steps should be and will guide you as to where to obtain some of the information you will need to move forward.
*Separation agreement: A separation agreement is a written contract that you and your partner make that says how you will deal with your issues. As your mediator, I am there to guide you through these issues, document the terms you have agreed on which will then be included in your Separation Agreement. The production of your Separation Agreement is purely an administrative service and does not imply any legal advice. Please note that a separation agreement does not imply your are DIVORCED, you will still need to apply to the court to get a divorce.
Independent Legal and financial advice (ILA)
Although the Mediator can guide the parties through the various steps, financial disclosure, Decision-Making Responsibilities and Parenting Time, property division, the Mediator cannot give either party legal advice on his or her rights and obligations under the law nor should he/she provide financial expertise. To avoid costly mistakes, parties should obtain “Independent Legal Advice” and financial advice before finalizing any agreements discussed in mediation.
