FAMILY LAW BLOG

Preparing for mediation

Resolving the terms of your divorce or separation with the assistance of a mediator can be a great option for some couples.

Learn what makes for successful mediation and how you can best prepare for this process.

What makes mediation work

You are most likely to have a successful mediation if:

• Both parties are committed to try mediation;
• Both parties have received legal advice in advance and are ready to move forward. Parties may choose to bring their lawyers to mediation to provide advice through the process;
• You have a highly skilled mediator;
• Information that parties need to make the decisions required during the mediation is immediately available. This is primarily disclosure and financial information;
• If lawyers are attending with their clients, the lawyers must be able to step out of their advocacy role and become problem-solvers.

Mediation can still be successful even in the absence of any of the above, however, it makes the mediation more difficult.

Reaching and recording your agreement

If the parties reach an understanding at mediation, that understanding can be documented in different ways including:

• Photocopying handwritten notes of the mediator that reflect the understanding reached;
• A formal written mediation report outlining the understanding reached between the parties;
• Having the mediator prepare the draft settlement agreement or court order reflecting the understanding reached.

Mediation isn’t working for you. What now?

Any one of the parties or the mediator can terminate the mediation at any time for any reason. A party terminating the mediation should give due consideration to the pros and cons of other options that may be pursued if the matters are not resolved in mediation.

Preparing for mediation

Parties come with various levels of preparation. At one end of the spectrum parties come without the benefit of any legal advice or information. At the other end of the spectrum parties have been briefed for hours by their lawyers in preparation for mediation.

Each family and their needs and requirements are different depending on the issues in dispute, the complexity of the case, and the personalities involved. It often saves time and expense involved in a mediation for one or both of the parties to come prepared with:

• Detailed list of assets and liabilities of both parties;
• Any necessary disclosure or backup documentation with respect to assets and financial information relating to incomes and income producing ability liabilities;
• Any other information or backup documentation in relation to the issues in dispute;
• If there are any court documents or agreements in place, it is helpful to bring a copy of those to the mediation.

In short, bring everything. It may not be necessary, but if it is required, the mediation will not be delayed as a result of the information not being available.

Find out more about our mediation services here>>

Learn more about what to expect in mediation here>>