Family Mediation
Family Mediation is a voluntary way of resolving disputes
A trained mediator, usually a lawyer or other experienced professional, helps parties resolve their disputes. When such professionals work as family mediators, their job is to help the parties to reach an agreement on such issues as custody of, and access to, the children, support payments, division of property, or any other family-related issue. Mediators do not take sides or make decisions for the parties and they cannot give legal advice.
Fairness of the mediation process requires that both the courts and the mediators protect the parties’ rights and their ability to make free and informed choices about whether and how they would like to settle the issues between them. Mediation services are strictly voluntary and can be useful when the parties can deal with each other on an equal footing. Mediation is confidential, informal and less expensive than other processes: the parties reach a decision together after having provided mutual input. Statistics show that a mediated agreement is more likely to be followed by the parties than other means of dispute resolution.
What happens after an agreement is reached?
The mediator will prepare a mediation report and forward it to the parties and their lawyers. The lawyers may then draft a formal Agreement, which reflects the terms reached in mediation. If this Agreement is drafted and signed by both parties with their independent lawyers, it is then legally binding.
We are prepared to assist clients in mediation or in arbitration to ensure their case is fully and clearly defended. Howard Nightingale Professional Corporation provides mediation for family matters, estate disputes, and business concerns.
Mediation FAQS
A Baker’s Dozen: Thirteen Q & As about Mediation
People whose relationships are coming apart need help at this critical time. If this describes your situation then mediation is one option for you to pursue. Not too many people are aware of it, but mediation is a voluntary way for couples to resolve disputes. Here are the most frequently asked questions about the process of mediation.
Arbitrators are licensed, recognized by the courts, and follow Ontario’s Arbitration Act, 1991. Arbitration can be thought of as a step half-way between mediation and the courts. Ultimately, once the two parties, together with the arbitrator, have set the framework for discussion, they then present their cases respectively to the arbitrator who will then decide on the terms of settlement. But this is a topic for another discussion. For now, we’re considering the path of mediation as a means of resolving separation issues as amicably as possible.
(Source: www.attorneygeneral.jus.gov.on.ca/english/family/familyla.pdf)
In open mediation, mediators can write a report on what happened during mediation and can include anything that they think is important; this information is available to the court, should the case eventually go before a judge. In closed mediation, the mediator’s report can only state what agreement you reached or that you didn’t reach one.
Court- connected family mediation services are available for a fee based on your income, or free for cases that are in court on that day. Contact your family mediation service provider for more information about these costs.
Although there are excellent courses in mediation which offer certificates of completion, at the moment, there is no professional licensing organization for mediators. Therefore, when you find one you are considering, ask questions about the mediator’s training and experience. Don’t agree to use a mediator’s services unless you are fully satisfied.
There are several ways to find mediators. First, for family mediation services connected to Ontario family courts, visit:
https://www.ontario.ca/page/family-mediation#section-1
family_court_location.asp
For private mediation services, the Ontario Association for Family Mediation (page 52) or the ADR Institute of Ontario (page 53) will list mediators in the area you live. And finally, lawyers usually know the names of local mediators, and some lawyers are also practicing mediators.
Lawyers engaged in the proceedings cannot mediate.
Once signed, a mediated agreement is legally binding, which is why both parties should review any mediated agreement with their respective lawyers. However, as with all agreements, there is a mechanism for future disputes, should circumstances change, for example.
In a word, No. You can stop the process at any time. As well, a lawyer can negotiate for you. And of course, you can always go to court if an agreement can’t be reached.
Mediation works for many people, but perhaps not all. It likely should be avoided in situations that involve violence, abuse, or when one person feels intimidated by the other.
However, if you’re able to express your thoughts and explain what you want for yourself and any children who might be involved, then you should consider the process of using a neutral third party, a mediator, to help you and your spouse resolve your issues without resorting to the courts.
Because mediators cannot give you legal advice, even though they might be practising lawyers, each of you should each speak to your own lawyer before during and after you see a mediator. As the government website advises, you should know the law and your rights and obligations before mediation starts.
No, it isn’t. Mediators don’t take sides and they don’t make decisions for you. They can’t even give you legal advice. They perform one role only: to help you reach an agreement without going to court.
According to the Ontario Family Law website, mediators are professionals such as social workers, psychologists and yes, mediators can be lawyers. Their role is to help both parties to reach a satisfactory agreement concerning such issues as support payments, division of property and custody of and access to children.
Let’s take a common scenario: a couple no longer able to resolve their issues decides to part. Some couples can negotiate their own arrangement, but given the emotional upheaval this is difficult to do. Most people can’t do that: each one hires a lawyer and they enter the legal system in full confrontation. Their lawyers negotiate, but if no settlement can be reached, the couple ends up in court. This is an expensive route, one usually filled with emotional turmoil. But it doesn’t have to follow this path. If you can work with a neutral, third party who is skilled at helping people such as you, then you should seriously consider using a mediator.
Your information will always remain private and confidential.