Mediation is a way of resolving disputes between two or more people without going to court. It is a voluntary process, which means that the parties involved choose to participate. The mediator is a neutral third party who helps the parties to identify the issues, develop options, and reach an agreement.
Why should I choose mediation?Mediation can be a beneficial option for couples who are separating or divorcing because it is:
- Voluntary: Both parties must agree to participate in mediation. Even after a mediation has begun, parties are free to stop and leave at any time.
- Confidential: Subject to safety, the discussions that take place during mediation and pre-mediation are confidential and can't be shared by the mediator unless with permission and can't be used in court. Signed parenting plans can be used as evidence of prior arrangements.
- Neutral: The mediator is a neutral third party who does not take sides.
- Cost-effective: Mediation is typically less expensive than litigation.
- Time-efficient: Mediation is typically faster than litigation.
- Self-determined: The parties have the power to reach their own agreements, which make them easier to stick to.
What happens in mediation?The mediation process typically involves the following steps:
- Intake: Each party meets separately with the mediator to discuss the issues on their mind and goals.
- Opening statements: Each party has a chance to tell their side of the story.
- Issue identification: The mediator helps the parties to identify the key issues in the dispute.
- Option generation: The parties work together to develop possible solutions to the dispute.
- Negotiation: The parties negotiate with each other to reach an agreement.
- Closure: The mediator summarizes the agreement and makes sure that both parties understand it.
What are the benefits of mediation?Mediation can help couples to:
- Communicate more effectively: Mediation can help couples to communicate more effectively and to understand each other's perspectives.
- Develop a parenting plan: Mediation can help couples to develop a parenting plan that is in the best interests of their children.
- Divide their assets and debts: Mediation can help couples to divide their assets and debts in a fair and equitable way.
- Reduce conflict and stress: Mediation can help to reduce conflict and stress during the separation process.
- Protect their relationship with their children: Mediation can help couples to protect their relationship with their children by avoiding the negative effects of litigation.
Mediation is not always right for everyone.
If you are experiencing safety concerns or there is a power imbalance where a party can't truly express their needs, mediation may not be appropriate and the FDRP will assess this after intake.
- It is important to be prepared for mediation. This means gathering information about your finances, your children, and your goals for the future.
- Parties should ideally obtain legal advice prior to mediation so as to fully understand and appreciate applicable rights and responsibilities, as well as have any signed agreements checked over.