Family Mediation

Compassionate guidance for families navigating difficult transitions

What is Family Mediation?

Family mediation is a voluntary, private process where a mediator—a neutral third party assists couples in disagreement in coming to agreements about parenting plans, property division, child support, and other family law-related issues. Enhancing communication, identifying solutions, and lessening the psychological and financial burden of legal proceedings are the goals of this collaborative process.

Mediation is often recommended before pursuing divorce proceedings because it can save time, reduce costs, and help maintain a healthier co-parenting relationship.

Benefits of Family Mediation Before Divorce:

Cost-Effective: Compared to going to court, mediation is typically less expensive.
Confidentiality: Unlike court procedures, which are open to the public, the information addressed during mediation is kept confidential.
Control: Rather than letting a judge make the final decision on your disagreements, the parties involved have more influence over the outcome and results.
Better Communication: Assist in enhancing communication between parties, particularly in co-parenting.
Reduced Stress: Everyone involved experiences less stress during mediation as it frequently feels less combative and hostile than litigation.

Steps in the Family Mediation Process

1. Referral to Family Mediation Services

The process begins with a referral. Referrals can come from various sources:

Court referral: In Ontario, if you are going through a family law dispute, the court may suggest mediation as an alternative to resolve matters.
Self-referral: Individuals can directly seek mediation services without being appointed by the court.
Lawyers or legal professionals: Family lawyers may recommend mediation before legal action.

2. Intake Meeting

In the initial session, called the intake meeting, the mediator assesses the family’s situation.

The mediator is going to:

Meet with the parties separately.
Explain the mediation procedure.
Assess whether mediation is appropriate for the parties.
Acquire knowledge of the topics that will be discussed during the mediation.
Describe the ground rules, including the confidentiality and impartiality of the mediator.

The mediator can also learn crucial details about the case at the intake meeting, including the roles played by each spouse and any ongoing support or court order arrangements.

3. Joint Mediation Sessions

Joint mediation sessions, in which both parties meet with the mediator to discuss their concerns, are scheduled by the mediator following the intake meeting.

The mediator’s duties include:

Encouraging productive discourse.
Encourage both sides to voice their views and concerns.
Assist the parties in determining their points of agreement and disagreement.
Guide the discussion toward developing solutions both parties can agree on.

Depending on the complexity of the issues and the willingness of both sides, these sessions can be scheduled over multiple meetings.

4. Progress Reports

During the mediation process, the mediator will provide progress reports. These reports outline:

The issues that have been resolved or agreed upon.
Areas that still require further discussion.
Any agreements that need to be formalized.

Progress reports help track the mediation process and ensure all issues are addressed. If mediation is unsuccessful or if any issues remain unresolved, the mediator may suggest other methods of dispute resolution, such as arbitration or seeking legal intervention.

5. Drafting the Memorandum of Understanding (MOU)

Following the joint mediation sessions, the mediator will draft a Memorandum of Understanding (MOU) based on the agreements reached. This formal document lists the conditions and terms agreed upon by the parties. The MOU could include:

Plans for parenting or agreements for child access.
Property division and financial support.
Other matters such as debt obligations.

Unless the MOU is included in a court order or a legal separation agreement, it is a non-binding document. It does, however, function as a written summary of the parties’ agreement.

6. Legal Review & Court Approval

Although the MOU by itself is not a legally binding document, the parties may decide to have their respective family lawyers evaluate it. To make the agreement legally enforceable, the parties may request that the court accept and approve it, making it a legally binding court order.

Why Choose Family Mediation?

Choosing mediation offers numerous advantages when it comes to handling the often emotionally charged issues that arise in family law matters. Mediation allows families to:

Maintain control over decisions affecting their future.
Create tailored solutions that best fit their specific needs.
Keep conflicts out of the courtroom, which can be expensive and adversarial.

By opting for mediation, individuals can reach more amicable and lasting agreements while also promoting healthier relationships and minimizing the emotional impact of family disputes.

Links to Family Mediation Resources in Ontario

1. Ontario Association for Family Mediation (OAFM)

https://www.oafm.on.ca/mediator-search/

Family Dispute Resolution Institution of Ontario https://fdrio.ca/fdrp-certified-member-directory

2. Ministry of the Attorney General - Ontario Family Mediation Services

Website: www.ontario.ca/page/family-mediation

Information on government-funded family mediation services, including eligibility and referral processes.

4. Ontario Courts - Family Mediation

Website: https://www.ontariocourts.ca/ocj/family-court/before-going-to-court/ https://www.ontariocourts.ca/ocj/family-court/

This website provides detailed information about court-connected mediation services and family law procedures.

3. Legal Aid Ontario

Website: www.legalaid.on.ca

Information on legal aid options for low-income individuals who need family law services, including mediation.