Mediation is one form of alternative dispute resolution in which you and your spouse meet with a neutral third party, a Mediator, to attempt to resolve your legal issues. Mediation cannot be forced; you and your spouse must consent to attend Mediation.
There are many advantages to attending mediation including the following:
- It is typically faster than the Court Process
- It is usually costs less than going through the Court Process
- You and your Spouse mutually agree on a Mediator who you are both comfortable with
- You and your Spouse choose when to meet with your Mediator and
- You and your Spouse have the option of entering into a closed or open Mediation process
Closed mediation means that any negotiations is confidential. No one can repeat what was said during your mediation, except in rare situations.
Open Mediation means that anyone – you, your partner, and your mediator – can give evidence in court about what occurred during your mediation. All documents can also be shared.
Prior to attending mediation, your Mediator will determine if mediation can be done fairly and safely by meeting alone with both you and your spouse for a pre-mediation interview. If the Mediator determines that Mediation may be beneficial for you and your spouse, they will then schedule your Mediation date.
Mediators are trained to:
a) mediate safely and look for signs of domestic violence
b) not take sides when working with the parties and their different interests
c) help each party see the other’s point of view and
d) assist the parties in coming to an agreement to resolve their issues
Mediation will only work for you and your spouse if you are able to communicate with each other. If either of you refuses to cooperate or discuss your family law matter, it is likely that Mediation is not the right process for your family law matter.
If you would like to speak with one of our lawyers regarding further issues related to this topic please contact us at (416) 840-1475 or schedule your free initial consultation here.
