Mediation

Let’s Talk

Each party will contact Christine for an informal information session on the process and their unique situation.

Individual Intake Session

Intake is a private and confidential one-to-one session between Christine and each party. Here you can safely share your perspective of what has happened, and your wants for a resolution. The session also serves as an opportunity to evaluate if the conflict is appropriate for Mediation or if an alternate service is better suited. Christine will explain what to expect in a Mediation session, how to prepare and answer your questions.

On completion of all parties’ Intake sessions and confirmed case suitability, the next step will be to schedule a joint Mediation session.

Mediation

The mediation sessions are jointly attended sessions for two or more parties and are facilitated by Christine who acts as a third-party neutral. The purpose of the session is to enable conversation whereby the parties can safely share their individual interests, and effectively negotiate terms and conditions for moving forward.

Unlike the court system, the mediation process will move at the pace of the parties, identifying mutually agreeable solutions to best satisfy your family’s needs and your financial security.

Working with the Law & Mediation

Christine recommends that all parties seek Independent Legal Advice in conjunction with the Mediation process. Christine is not a lawyer and will not provide legal advice.

During Mediation, any civil court processes are ‘held’ until either 

• a Memorandum of Understanding is finalized, or
• the Mediation is terminated in writing.

After the Mediation, parties will require legal review of the Memorandum of Understanding to in turn, produce a Separation Agreement required for a judicial Divorce Order.

What is Caucusing

Difficult conversations can provoke escalated emotions, making communicating our best selves more challenging. Sometimes the situation may require Christine to meet independently with each party as part of the Mediation process, which is called Caucusing. Conversations in Caucus are confidential to ensure the safety and equity of parties throughout the negotiation. As such, this tool helps to contribute towards realizing the strongest agreement achievable.

Memorandum of Understanding

In Mediation the objective is for parties to come to a documented agreement on how to move forward. The agreement called a ‘Memorandum of Understanding.’ (MOU) captures in broad terms and conditions what the parties have determined is the settlement to their conflict. This may include as relevant to the case:

• A Parenting Plan
• Financial Support (Child & Spousal)
• Equalization Payment & Division of Assets

In separation, divorce, or nuptial agreements, parties will need to have legal review of their MOU to formalize it prior to submission with the courts. In Canada, requests for a no-fault uncontested Divorce Order requires at least one year from date of separation prior to submission to the court.

Why Mediation Over Litigation

• Be a builder
  • Mediation supports your ability to remain in control, to negotiate the building blocks of what happens next informed by the unique needs of your family.
• Winning can lead to more hurt over healing.
  • Litigation requires lawyers to ‘zealously’ advocate for you, which means sometimes in the pursuit of ‘winning’ inciting more hurt experiences between you and your ex-partner with long-term ramifications to the family.
• Endings can be transformational not toxic.
  • Separation/ Divorce means the existing family model is changing from what it has been, but it is not necessarily ending, especially when children are involved. Mediation provides a process to recognize the change, allow parties to find the right answers for their unique needs and make it successful for all parties.
• Court is still an option.
  • If the process doesn’t work, litigation remains an accessible alternative.