What is family law mediation?
Mediation is a voluntary dispute resolution process where parties meet with a neutral, unbiased, third party mediator to try and resolve their issues.
Parties need to agree to attend mediation, and they also need to agree on the selection of a mediator.
What is the role of a family law mediator?
The family law mediator’s role is to facilitate the discussions and negotiations as a neutral, unbiased third party.
The mediator does not make any decisions for the parties, and the mediator does not provide legal advice to the parties.
Do lawyers have to attend family law mediation?
Parties can choose to attend mediation with or without a lawyer.
If parties are not attending mediation with lawyers, it is very helpful to seek legal advice about the issues in dispute beforehand.
If a settlement is reached at mediation, it will be important to have independent legal advice before signing an agreement.
Are there any documents that need to be done before mediation occurs?
In addition to the mediator’s intake form, if there are issues about support or property, the parties will be asked to complete a financial statement and provide certain income documents and other attachments.
Depending on the issues in the case, the mediator may request that the parties exchange other documents before mediation starts, or to exchange documents during the course of mediation.
How long does mediation take?
Each mediation is unique, and the amount of time required will depend on the parties and on the number of issues to be resolved.
Some mediations can be completed in a day or less, where other mediations may need multiple sessions over multiple days.
How is a settlement reached at mediation documented?
If a settlement is reached, the parties will usually sign a memorandum of agreement or minutes of settlement at the conclusion of mediation.
A separation agreement or a consent order for court is usually then prepared to formally document the settlement.
Who prepares the settlement documents?
Minutes of settlement are usually prepared by the mediator and signed by the parties.
If the parties have lawyers, the separation agreement or consent order for court may be prepared by one of the party’s lawyers.
If the parties do not have lawyers, the mediator may prepare the separation agreement for the parties to take to separate lawyers to obtain independent legal advice.
Why choose family law mediation?
Mediation is an opportunity to settle family law issues in a less stressful, more informal, more creative, more timely and much more cost effective way than going to court.