Disclaimer: This article aims to provide educational information on family law mediation in Ontario. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
When it comes to family matters, finding a path that leads to resolution without the time, expense and animosity of court battles is a true triumph. Enter family law mediation. Mediation is a constructive, collaborative, and transformative approach that puts the well-being and interests of all parties involved at the forefront.
This article will overview family law mediation in Ontario and how the process works. The following article will outline some benefits of attending mediation for you and your family.
What is family law mediation?
Family law mediation is a voluntary process. It is not required by law, and both parties must opt to attend. Mediation is a respectful, interest-based process wherein a mediator will assist you in reaching a mutually agreeable solution. Mediation can be facilitated either in person or virtually.
Your mediator will be a skilled and experienced professional who will guide you through the mediation process. For example, Sean Plat has 25 years of experience practicing family law and has specifically trained on alternative dispute resolution methods, such as mediation and collaborative family law.
Is mediation right for us?
Mediation has been helpful for many families in moving forward. Is it right for you? Honestly reflect on these questions:
- Are we ready to collaborate? Both parties must be willing to engage in open and respectful communication and participate in active listening.
- Can we both compromise? If you and your ex-spouse are open to being flexible in resolving issues, mediation can provide a constructive platform for negotiation.
How does mediation work?
First, you will complete a screening questionnaire to outline your circumstances.
How can you prepare for mediation? First, speak to your lawyer about your legal rights and obligations. Secondly, you’ll consider what is truly important to you. Reflecting on your priorities and desired outcomes can guide your approach.
Additionally, gather relevant documents and information about your finances, assets, and other relevant aspects of your case. These documents will enable you to provide accurate and comprehensive information during your mediation.
Mediation may be a single or multiple sessions, depending on the complex issues and the progress made during the process. Both parties split the cost of mediation.
During mediation, your mediator will help you foster productive dialogue, help identify shared interests, and facilitate negotiations. The goal is to reach a resolution that both parties are comfortable with.
Once you have reached an agreement, it will be reflected in a separation agreement binding on both parties. If both parties cannot agree, the matter will be taken to court.
Mediation often proves effective in resolving most, if not all, outstanding concerns. At the very least, it significantly narrows down the remaining issues requiring the court’s attention.
Misconceptions and Myths Surrounding Mediation
There are a few critical areas to understand when it comes to mediation.
Myth 1: I do not need a family law lawyer if I’m using a mediator.
Your mediator will not act for either party individually but will be retained by both parties. You should still seek independent legal advice (or ILA). Your family law lawyer will help you understand your rights, options, and legal implications.
Myth 2: What I say in mediation will be used against me in court.
At Plat Simionati LLP, we offer closed mediation. In closed mediation, the process is confidential, and what is discussed cannot be used as evidence against either party.
Because the process is confidential, you can express yourself freely and truthfully. Closed mediation helps foster understanding and allows for more effective problem-solving during mediation.
Myth 3: I do not need mediation after signing a separation agreement.
While mediation can help you come up with an initial plan, it can play a valuable role if you need to adjust the terms of your separation agreement.
Life is dynamic, and circumstances can change over time, such as changes in income, employment, or living arrangements may arise. For example, you may have drafted your initial agreement when your children were younger. However, they have now moved into different ages and stages. Mediation provides a constructive platform for addressing these changes and reaching mutually acceptable modifications.
Your Family Law Mediation Experts
At Plat Simionati LLP, we understand the complexities and sensitivities of navigating family law matters in Ontario. Our team of experienced family law experts is dedicated to providing a supportive mediation experience tailored to your unique needs.
Sean Plat, one of our founding partners, is an experienced mediator who is happy to act on your behalf as a mediator. Whether you are facing issues related to child custody, spousal support, property division, or any other family law matter, he can guide you through the process with professionalism and care.
To learn more about family law mediation, please contact us here, and a member of our team will be in touch.