Family mediation is an excellent way to resolve legal issues without going to court. It can help you avoid stress, save money and preserve your relationship.
It’s also more convenient than traditional litigation. It can help you resolve disputes related to divorce, parenting, separation, and other family law issues.
Cost-effectiveness
Family mediation can be a more cost-effective and less time-consuming alternative to court. The process can be completed in a day or over several sessions, depending on the needs of each party. Moreover, it is typically 20-50% less expensive than litigation.
Mediation allows parties to develop their own solutions to problems that arise during divorce or separation, including child custody, visitation, property division, spousal support, and other financial issues. The process also promotes communication and a mutual understanding of each other’s concerns. This can result in better co-parenting and a more peaceful divorce or separation.
Additionally, the process is confidential and more private than a typical court case. The mediator will schedule a conference call with the parties and/or their lawyers to ensure that they are ready for mediation. This is also an opportunity to ask the mediator any questions. Once the session is over, a written agreement will be prepared for signing. The participants can then use this agreement as a guide to their future legal proceedings.
Private
Private family mediation offers a cost-effective and civilized way to resolve disagreements related to children or finances. It can also be used to modify existing court orders and agreements. However, it is important to note that this type of mediation is typically not available for cases involving allegations of domestic violence or other serious issues.
When you decide to mediate, make sure that you choose a qualified mediator with the right experience and training. Private mediators typically specialize in divorce and other family law matters, so they will be able to help you find a solution that is flexible and specific to your situation. Additionally, private mediators often get to know their clients better, which can make the process more productive and efficient. They can also spend more time reviewing information from parties, including teachers, physicians, therapists, and other family members. This can help you come up with a custody and visitation plan that will be effective for your case.
Confidentiality
Family mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party helping the parties in a family law case navigate negotiations. It is a safe, non-confrontational process that places great emphasis on reducing the conflict and hostility in separation and divorce cases.
Confidentiality is a core component of the process, allowing families to discuss their concerns and issues without fear that these discussions will become public knowledge or be used against them in court proceedings. This confidentiality also allows the parties to make compromises and encourage openness in a secure setting.
Currently, there is no law in Ontario that requires a mediator to disclose their screening notes or other information from a family mediation session. However, a recent decision in Benson v Kitt, 2018 ONSC 7552, raises questions about the limits of this privilege. In the unreported decision, Justice Lemon ruled that the court can compel the disclosure of mediation materials, including intake forms and screening notes, in appropriate circumstances.
Ownership
Family mediation services help people resolve disagreements about marriage, separation and divorce, parenting schedules, child support, alimony, property division, elder care, and the distribution of inheritance. It can also help couples create lasting and mutually beneficial agreements. Dispute resolution professionals help families reach mutually acceptable resolutions and draft them into written documents, which can be filed with court. They also offer referral resources for financial, counseling and legal assistance.
During the mediation process, the mediator will ask both parties to collect all relevant information and documentation. They may conduct separate and joint sessions, or schedule meetings with children to get their perspective. In some cases, a formal memorandum of understanding will be created by the mediator to ensure that both parties understand their agreement.
Mediation can be emotionally stressful, and the process can bring up feelings of resentment and anger. This can affect the outcome of the proceedings and the strength of the agreement. The mediator will work to manage these emotions and facilitate a productive and effective session.
