Mediation is a process which allows the parties to make their own decisions. The parties to a family law dispute meet with a trained neutral third party (the mediator) who assists the parties to negotiate their own agreement.
Mediation is for you if:
- You want to try to stay out of court
- You want to keep costs as reasonable as possible
- You want to reduce stress and emotional costs
- You want to keep the details of your personal life private
- You want to be in charge of the outcome of your problem
- will not take sides
- does not try to effect reconciliation
- does not impose solutions
- helps everyone identify the issues to be resolved
- explores everyone's needs and interests
- facilitates full disclosure
- assists with options for resolution
Both Marla Miller, Q.C. and Pierre Boileau, Q.C. are Registered Family Mediators with many years of mediation experience.
Because mediation is a settlement process, all statements made at mediation are without prejudice; that is, off the record. If settlement cannot be reached, what was said at mediation (with the important exception of statements made which may tend to show that children are at risk) cannot be raised outside of mediation or used against either of the parties if the parties later end up in court.
An agreement reached in mediation, especially as it relates to the division of matrimonial property, is not binding on the parties until each of them has received independent legal advice. The parties are thus encouraged to consult his or her own lawyer throughout the process as may be needed.
The advantages of Mediation:
- costs are usually lessened and shared
- you are able to arrive at tailor made agreements which meet everyone's needs and interests
- the process proceeds as quickly as both of you wish
- you're able to preserve your own privacy