Frequently Asked Questions

Mediation

What is mediation?

Mediation is a form of Alternative Dispute Resolution (ADR) where a professionally trained mediator helps people work out an agreement about issues related to separation or divorce, custody or access, neighbourhood disputes and other matters evolving as a result of a communication breakdown.

What training do mediators have?

Mediators are trained professionals who work within the standards and code of practice set by their governing body.  They come from a wide range of professions including social work, law, psychology, the financial industry and other backgrounds. They are neutral facilitators and do not give legal advice. Accredited mediators can be found on the Ontario Association for Family Mediation website or other ADR agencies with which mediators are affiliated.

What are the benefits of mediation
  • Mediation is significantly less costly than going to court.
  • It is a voluntary process.
  • Parties control the outcome of the mediation.
  • Mediation takes less time than the court process.
  • It allows for flexible appointment scheduling and payment options.
  • It is less stressful and emotionally taxing than going to court.
  • Mediation has a very high success rate.
  • It is a confidential process.
What issues can we mediate?
  • Parenting arrangements (custody and access)
  • Communication and information sharing related to the children 
  • Financial support: child and spousal support
  • Special expenses for children (section 7 expenses)
  • Equalization and division of property (dividing all the assets and debts)
  • Mobility (moving with a child)
  • Grandparent access
  • Changes to an existing agreement, court order or separation agreement
  • Any other issue(s) you wish to discuss and resolve
How long does mediation take?
  • Mediation sessions are scheduled when everyone is available. The length of time it takes will depend on many factors such as:
    • The number and type of issues to be resolved
    • The amount of conflict between the participants
    • The degree of communication and cooperation between participants
    • How quickly financial and other disclosure information is provided
What is the mediator’s role?
  • To provide a safe and structured process to resolve conflict
  • To facilitate, communicate and negotiate in an attempt to reach agreements
  • To maintain impartiality—the mediator does not take sides or make decisions for the participants
  • To provide general information about the law (not legal advice)
  • To write a report once the mediation discussions are finished. The report will contain the participants’ decisions.
Do we need lawyers if we are mediating?
  • The mediator does not take the place of a lawyer. Each participant is encouraged to obtain independent legal advice (ILA) before starting the mediation process.     
  • It is very important for each person who is participating in the mediation to know and understand their legal rights and obligations and how the law applies to them, including any decision that the person makes.  
  • Participants are encouraged to review the final memorandum of understanding (MOU) with their lawyer prior to signing or incorporating into a separation agreement.
When and how is the mediator paid?

Mediators are paid for the time they spend on each file; therefore, payment is due before meeting with each party. Each party is responsible for paying their half of the mediation fee unless the parties agree on other payment arrangements.

What if I don’t like the mediator or how the mediation process is going?

Anyone can withdraw from the mediation process at any time. However, you will not be given any documentation if the process was not fully completed.

Parenting Coordination

What is a parenting coordinator (PC)?

A PC is a neutral third party who can help you and your former partner with disputes on matters relating to the children.

What is the goal of parenting coordination?

The goals of parenting coordination are twofold: first, to help you to figure out ways to work more successfully with your former partner; and second, to help keep you out of the courts. PCs minimize conflict by helping parents develop parenting and communication skills and by mediating disputes regarding existing parenting plans.

 

Most often, a PC is appointed by the court. However, families may decide to enter into a relationship with a parenting coordinator in order to have a process in place for resolving future issues.

What if my ex-partner and I cannot agree on an issue?

If the mediation on a specific issue fails, the parties will empower the parenting coordinator to make a binding decision in the best interests of the children; this process is called arbitration. The PC will gather all relevant information from the parents and external sources and make a decision. It is important to note, however, that PCs cannot make decisions about legal matters, such as decision making (formerly known as custody), mobility, or parenting time (formerly known as access), other than those of a minor or temporary nature.

How much does a PC charge?

The costs of a PC vary by experience and are typically shared by the parties, unless there is a court order that states otherwise. Most PCs will charge a retainer and will deduct their time accordingly. A retainer can range from $2500–$5000 or more. 

What is the benefit of hiring a PC?

A PC’s help can be very valuable. It can help you avoid the costs, delays, and emotional turmoil involved in the litigation process, both by helping sort out an immediate dispute and by improving the parenting relationship to avoid further conflict.

Steps in the Process

OBTAIN LEGAL ADVICE

Parties are encouraged to first seek independent legal advice to determine their legal rights and responsibilities.

CALL US

We will explain the process for the service(s) you need (mediation, parent coordination, assessment, etc.) and guide you through which forms to complete. We will also explain our fee structure, cancellation policy, limits to confidentiality and our agreement/contract.

COMPLETE

Complete the intake form and email it back to us.

SCHEDULE YOUR INTAKE MEETING

 Once both parties have emailed their intake forms, we will book your intake meeting. Each party will meet separately with the mediator, parenting coordinator or assessor for approximately 1–1.5 hours. The intake meeting helps us determine if the service is the right forum for your particular situation. This meeting is confidential and will not be discussed with the other party or parties. We will then review forms, answer questions and sign the agreement/contract for our service.

BOOK JOINT SESSION

Your first joint session will be scheduled based on each party’s availability. These sessions usually take a minimum of 2 hours and no more than 3 hours per session. Ideally, sessions are held weekly, however, we will try to accommodate families experiencing time constraints due to upcoming court dates. In such cases, meeting more frequently and scheduling occasional evening appointments may be necessary. We do not schedule appointments on weekends or holidays.

TIME FRAME

Depending on the number of issues to be resolved, the availability of the parties and willingness of each party to disclose financial and other information, the mediation can take anywhere from 4–8 weeks to complete.

FINAL MEETING

The mediator will review the memorandum of understanding (MOU) with the parties and distribute copies to each of them. The MOU details everything that was agreed upon during the mediation sessions.

Fees

We charge an hourly rate for all of our services, and, the costs are shared between the parties ( Intake sessions are billed per person). Your exact rate will be determined once we know the issues and complexity of your case. We offer flexible payment plans for those experiencing financial difficulties. Our rate ranges between $160-$250 per hour.

 

Fees for workshops, seminars and guest speakers are dependent on the number of registered participants and the design of the event. Please contact us for details of upcoming events.

Cancellation Policy

Except in cases of emergencies, clients will be charged the hourly rate for missed visits or sessions cancelled with less than 24-hours’ notice. For multiple missed visits, a retainer may be required before resuming.