Mediation FAQ
What is mediation?
Mediation is a structured, interactive process where an impartial third party (the mediator) neutrally assists parties to resolve a conflict and find an agreeable resolution.
How can mediation help my spouse and I if we can't agree on anything?
Frequently having a neutral third party look at the unique factors of your situation can help. Unlike you or your spouse, a mediator does not have a personal or financial stake in your case and will be able to review your documents, correspondence, financial materials, and parenting arrangements without emotion or bias.
Can I attend mediation if I was in an abusive relationship?
Yes, mediators are trained to navigate situations where there has been intimate-partner violence. Depending on your specific needs, the mediator may suggest a process that will address power imbalances in the relationship. This could be offering virtual mediation, where parties do not have to be in the same physical space, or having each party attend with their own lawyer.
What are some benefits to attending mediation, rather than going to court?
Parties come up with solutions that work for their family, particularly when there are children involved. You don't have to let a judge decide what's right for your family. Since you know your family best, you will have a direct hand in ensuring the solutions will work for your family.
Mediation can also help former partners to communicate better, which is beneficial to long-term parenting relationships and, ultimately, leads to healthier, more confident children.
Mediation can be an effective tool for former partners to resolve current and future disagreements.
Is mediation right for everyone?
Mediation suitability is determined on a case-by-case basis. The mediator will screen each participant individually and conclude whether or not mediation is the right fit. Sometimes issues may arise in the mediation that will not allow the mediator to continue the process. If a mediator does not feel that you or the other party is a suitable candidate for mediation, they will end the mediation without disclosing the reason to either party.
If I don't feel comfortable attending mediation alone, can I bring a lawyer?
Yes, you can retain your own lawyer to attend mediation with you and/or provide you with legal advice throughout the process. Aspire's Jessica Fuller can be retained as your mediator. Or if you are using another mediator, Ms. Fuller can attend mediation with you as your lawyer.
Why would I hire a lawyer who is trained as a mediator rather than a non-lawyer mediator?
Only lawyers are licensed and qualified to draft legally binding family agreements in Ontario. If you retain a mediator who is not a lawyer, you or the other party will need to retain a lawyer to outline a legally binding agreement drafted from your mediator's notes.
Should I still have a lawyer give me advice if my mediator is a lawyer?
Yes. Even if your mediator is a licensed lawyer, they will be acting as an impartial or neutral party in the mediation process. This means that they can give legal information to both parties but cannot give specific legal advice to either party.
Contact a Family Lawyer in Ontario Today
If you need help with a family law situation that involves a child, contact Aspire Family Law. Our Ontario family law team will advise you of your options and guide you through the process. Contact us online or at 613-406-4246 to schedule a Strategic Planning Session.