A guide to divorce mediation & coaching in Canada.

A guide to divorce mediation & coaching in Canada.

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Divorce and Separation in Canada

A divorce can be non-adversarial when you choose divorce mediation as an alternative to going to court. At Fresh Start Mediation we can save you stress with a less expensive process than using traditional divorce lawyers.

Many people ask “exactly” what family mediation is. Family Mediation can be used as an alternative to traditional divorce litigation. A mediator is a trained professional who helps separating partners and families resolve issues such as the division of property, support and children. Mediators help in the creation and implementation of a mediation agreement.

What is divorce mediation?

Understanding what you both need, to reach the agreement you both want.

Is Divorce Mediation a Good Idea?

Mediation can save you time, money and stress. It is the mediator’s role to help you both negotiate your own terms. You and your partner need to agree not to “lawyer up,” but to work with a family mediator to take part in mediation. Both you and your partner should agree to participate in the family mediation process. You will both retain control of how it is conducted. This process was designed to create a secure environment for the negotiations and ensure equal playing fields.

Both you and your partner should agree to participate in the family mediation process.

Divorce Lawyer vs. Mediator

Family mediation works well for happy, harmonious couples. Mediation is also typically more effective than litigation for those who have anger issues or are unable to communicate well.

There are many misconceptions regarding family mediation. It is often better to use a mediator than retain traditional lawyers. Confusion about the mediation process versus going to court could prevent you from making the right decision in creating your separation agreement.

If necessary, your lawyers in can be involved in your divorce mediation (e.g., as an independent legal advisor or as part of the mediation itself if you have a more complex or difficult case).

Confusion about the mediation process versus going to court could prevent you from making the right decision in creating your separation agreement.

Factors to Consider with Divorce Mediation

There are two main personalities in many marriages, a dominant personality and a lesser-dominant personality. The dominant personality is always heard and the lesser dominant person is often overshadowed. Women married to partner with a strong personality are most likely to be concerned about the effectiveness of mediation. They may worry that they will not have a strong advocate for their interests if they do not hire a divorce lawyer.

Those with less-dominant personality can be assured that divorce mediators are able to make sure that everyone’s voice is heard. One partner cannot steal the microphone. Studies show that family mediation is particularly beneficial to families with histories of domestic violence. Mediation ensures individuals are accountable and helps them behave better in separation, because both individuals must meet with the mediator.

Be assured that divorce mediators are able to make sure that everyone's voice is heard. One partner cannot steal the microphone.

Divorce Mediation is Available Online

You and your partner will meet with a neutral, trained mediator in divorce mediation to talk through and solve the problems that arise from your separation. Although many mediation sessions are held in a comfortable office setting, it is not uncommon for them to take place from your home where you can work together online to complete your mediation.

Mediators can assist you in reaching an agreement with your partner on issues such as child custody and child support. Mediators don’t give legal advice or make decisions, they are facilitators who help individual partners decide what is best for them.

Most mediators draft and file a divorce settlement agreement when the partners come to an agreement via mediation.

Mediation is not required to be conducted by a lawyer. Many mediators do not encourage having lawyers present as it may contribute to increased tensions. You have the option to consult with a divorce lawyer either before or after mediation.

While judges may require divorcing partners to attend mediation prior to going to trial in court, they also allow you to mediate on your own. You can do this either before or after you file for divorce. Mediating your divorce is a better option than litigating (fighting it out at court).

Mediators can assist you in reaching an agreement with your partner on issues such as child custody and child support.

Uncontested Divorce

Mediation is a great way to make the next step of your divorce process easier. The process of filing an uncontested divorce is usually faster and less costly than a litigated one (in which the partners fight it out in court).

Uncontested divorces are cheaper than going to court and will save you money on attorney fees. Because everything is already done in advance, courts often speed up uncontested divorce cases. This means that the judge can complete your divorce quicker than if it were to go to trial.

Even if there are many issues and difficult feelings to navigate, mediation can be a good option for most divorced couples. Mediation is not something you should reject just because your partner views a certain issue differently. Mediating is powerful and can result in settlements for cases that seemed impossible at first.

You might wish to speak with the assistant or mediator before you start the mediation process. This will allow you to share background information about yourself, your partner, and your issues regarding your divorce. Your mediator may ask you to fill out a questionnaire. A mediator may ask for you to create a “mediation declaration” that outlines your information as well as the issues related to divorce.

You might be asked by the mediator to sign an agreement stating that you will keep the contents of the mediation secret and agree that any information that is discussed in court cannot be disclosed.

In-person mediation session stake place in a comfortable conference room. While some mediators will meet all parties in one room, others may meet with each individual in smaller rooms to facilitate private conversations. If there are attorneys present at mediation for couples, the mediator may ask them to have a private meeting with their client before they begin the session.

The mediator will take care of the housekeeping, such as setting the agenda, and you, along with your partner, will have a brief statement to share about your personal situation. The mediator may ask questions after you have each spoken. To confirm their understanding of what you are trying to communicate, your mediator may repeat or summarize the points.

Next, you will need to determine which issues your partner and yourself agree or disagree on.

It doesn’t necessarily mean that you should agree to your partner’s point of view. It’s possible to have fresh ideas for resolving disagreements after listening to your partner.

Settlement and Parenting Plan

The mediator will draft a settlement agreement after you have completed negotiations. In many cases, it may also include a parenting plan or schedule. The topics you have resolved in mediation will be included in your settlement agreement. If you can’t agree on any of the topics you discussed during mediation, then you will have to choose to reach an agreement later or ask the court for a decision after a hearing.

The mediators at Fresh Start can help you file your divorce papers with the court.

The final decree of divorce will include the settlement agreement if it is approved by the court. The terms of your settlement agreement can be enforced just like any court order.

A judge may order mediation. If the court permits it, you can meet with either a court-appointed or private mediator. You and your partner must agree on a mediator if you want to try mediation on your own. Taking time to research potential candidates can help you and your partner agree on a mediator.

What is a parenting plan?

An agreement that ensures the health, happiness and security of your children.

Hiring a Qualified Divorce Mediator

If you’re looking for qualified mediators, you might want to start by asking friends and family. You could also ask your lawyer or marriage counselor for recommendations. Searching online for referrals to mediators from online reviews and recommendations can also be an effective way to begin searching.

You should research the experience of each potential mediator before you create a list of potential options. You should ensure that the potential mediators are familiar with divorce mediation, and that they have experience with the issues of children, child custody or support cases. View the full biographies of our Fresh Start Mediation Team.

There are many educational and experience backgrounds for mediators. They can come from fields such as lawyers or Certified Public Accountants (CPAs), social workers and other professionals with special training. Your mediator will be someone who has helped people with similar issues to yours.

Your mediator will be someone who has helped people with similar issues to yours.

Financial Mediation

Financial mediation can be used in virtually every case. When it comes to financial matters, the team of divorce mediators work hand-in-hand with Certified Financial Mediators (CDFA), who have been specially trained to deal with all types of financial assets. For the most part, the divorce agreement will not be about taxes, finances or retirement plans but it is important to address these important areas for your future.

Family mediation’s purpose is to resolve conflicts and issues you aren’t in agreement on. Family mediation will allow you to reach compromises, negotiate and find solutions. At the beginning you may not feel agreement on every issue, but it’s helpful if you enter into the mediation process with the idea that you will try to keep the situation more friendly and be open to facilitation.

What are financial services?

Getting a clear picture of all the financial pieces, so we understand what you need.

You are in Control of the Divorce Mediation Process

You and your partner decide what happens in divorce mediation. The mediator can help you answer questions and find solutions and then each individual participates in deciding the best outcome for both of you.

The mediator in a divorce is not a therapist and does not focus on processing and resolving emotional issues. Although it can help to discuss emotions and the reasons for them in order to solve difficult problems, the ultimate goal of the mediation is to address the problem and come up with a solution that will work for all. Your mediator can help you create a Separation Agreement, which will be legally binding in court.

Mediation is also very helpful for couples who lack communication skills. We offer a variety of mediation options and tools to assist people with their relationships. These include mediation with an emphasis on finances, mediation without children and mediation for those who need to have their lawyer present in the mediation room. Mediation for divorce is designed to help the parties reach an agreement.

Financial mediation can be used in virtually every case. When it comes to financial matters, the team of divorce mediators work hand-in-hand with Certified Financial Mediators (CDFA), who have been specially trained to deal with all types of financial assets. For the most part, the divorce agreement will not be about taxes, finances or retirement plans but it is important to address these important areas for your future.

Family mediation’s purpose is to resolve conflicts and issues you aren’t in agreement on. Family mediation will allow you to reach compromises, negotiate and find solutions. At the beginning you may not feel agreement on every issue, but it’s helpful if you enter into the mediation process with the idea that you will try to keep the situation more friendly and be open to facilitation.

How Much does Divorce Mediation Cost

Fresh Start Mediation has created a Divorce Mediation cost estimator for you to work with. Try it now.

Where is Divorce Mediation Available in Canada

Fresh Start Mediation is available in-person at our listed locations and online anywhere across Canada.

Call us for Your Free No-Obligation Consultation

Take a look at our many 5-star reviews to learn more about our people and our services, and call us at Fresh Start Mediation to schedule your free no-obligation consultation.

Divorce Mediation Near Me

Both relationship counselors and mediators use conflict resolution tools for their clients. However, the sole purpose of the family mediator is to assist you in reaching an agreement with your partner regarding issues related to your separation. Although a family mediator isn’t hired to save your marriage, they can help you keep your relationship healthy after the divorce.

What will it cost?

Mediation can save time, money & stress compared to traditional divorce.

Get an estimate fast with our pricing calculator.

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