Mediation is a form of alternative Dispute Resolution (ADR) resolving disputes between two or more parties. The mediator who remains neutral assists the parties through a series of meetings to determine what topics will be discussed. The mediator will help the parties explore options so that the parties can be empowered to make informed decisions. These decisions will be outlined and included in their agreement in mediation the agreement is called a memorandum of understanding (MOU) agreement. The MOU is not intended to be a legally binding document. Instead, it serves as the basis for a formal settlement agreement to be prepared by a lawyer.
The cost of mediation will depend on how many meetings will be held. Both parties share Mercier Mediation fees. If the parties’ finances are still combined, then some parties choose to pay the mediation fees out of a joint account.
Yes, mediation is private and confidential. The information that is shared in the joint meetings remains private and confidential. The exception is each party can discuss what was shared in the meetings with their lawyers.
It is always a good idea to seek legal advice before beginning mediation. It is important that both parties understand their rights and obligations prior to beginning the mediation process. The mediator can only provide legal information and are trained to recognize situations when it maybe important, or even necessary to pause the mediation for both parties to obtain independent legal advice. It is important to note that mediators can not give legal advice in the mediation process.
Mediation is a voluntary process and requires consent from both parties. Mercier Mediation suggests that you send your ex-spouse a link to our website so that they have an opportunity to learn about our mediation process. Not everyone is ready for mediation, however it does not mean that they will not come back to mediation after they have time to explore this option.
In some cases, the parties can not come to an agreement if that occurs, the mediator will pause the process so that each party can meet with their lawyers. Often after both parties meet with their lawyers and review their options and the escalating costs that the parties resume the mediation process and cooperatively look for solutions.
Yes, mediation can be used when couples are in a common law relationship. The same mediation process is used for both married and common law.
Many employers have employee assistance program (EAP) as part of their group benefits where the employee is entitled to a 30-minute free consultation with a family lawyer. It is recommended that both parties seek legal advice before the mediation process begins, as each party must have an understanding their rights and obligations. It is important that the financial documents that are requested by the mediator are gathered and sent to the mediator as soon as the agreement to mediate is signed by both parties. Financial information given to the mediator assists both parties in making informed decisions.
Generally, the mediation process involves a series of meetings that run between 90 minutes and two hours in length. Both parties are in attendance with the mediator. The parties will decide what issues will be discussed. Each family is unique so the key issues for each family are different. These meetings are usually very productive. The number of meetings depends on the cooperation and transparency of each party and the complexity of their particular situation. All meetings are private and confidential. Typically, the mediator will book a series of meetings so that the parties can plan child care for the children if involved and time off work. In between each mediation session the parties have the opportunity to meet with their lawyers, psychologists, and other professionals. In some cases, there is still financial information that is outstanding such as pension evaluation and or house appraisal. Sessions are usually scheduled 2-3 weeks apart. When the mediation concludes successfully there will be a memorandum of understanding (MOU), completed financial statements, and parenting plan (if children are involved). The parties will then take the Memorandum of understanding (MOU), completed financial statements and parenting plan to each of their lawyers and review the documents with them. In most cases only one of the lawyers creates the Settlement agreement and the other lawyer reviews it. Both lawyers will meet with their client to review the final draft of the settlement agreement and sign it and in Nova Scotia it will be registered with court.
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The parties are willing to be transparent and cooperative in finding a solution.
Each party can advocate for themselves in the room with their ex-spouse and the neutral party the mediator.
That each party advises that they feel they can be in the same room as the other party without feeling bullied or fear of harm.
Based on the information gained during the individual intake meeting, the mediator believes that they can design and deliver a mediation process that will “do no harm.” This includes relevant cultural differences, issues of mental illness or addictions, and the different ways each party absorbs and communicates information, among other things.
All parties are willing and able to provide all required or needed information and documents.VI. Each party is willing to take responsibility for obtaining all necessary advice, including legal, tax and accounting if the mediator believes it is necessary.
Both parties are willing to take responsibility for making decisions, rather than asking the mediator’s opinion as a means of persuading the other party.
The easiest answer is that it is less expensive and faster route to an agreement. But more importantly mediation can create a space where both parties focus on positive outcomes for long term, especially if co- parenting is a priority.
There are many benefits:
If there are issues of power imbalance or domestic abuse mediation is not recommended . It is also not recommended when one party is using the mediation process to gather information or withhold it in order to intimidate the other party. It is essential that the mediator meets with each party separately so that the mediator can determine if mediation is the correct process as well as if the mediator is right for them.
Yes, mediation can happen at any time during the separation and divorce process. Typically, clients are referred to by lawyers when there are unresolved issues, and neither party is moving from their position. When this occurs, the lawyers will pause ongoing proceedings so that the parties can have the time to mediate. In these cases, the topics that we participate in are:
