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When you are going through a separation, divorce, or other type of family dispute, agreeing with your former spouse can be difficult. Family mediation is a valuable tool for resolving conflicts between parents or former spouses, particularly when it comes to issues like separation agreements, decision-making responsibility, or parenting time. During the mediation process, an informed and experienced mediator can guide the conversation, help clarify points of contention, and encourage cooperation, with the ultimate goal of creating a solution that benefits your entire family.
At Gelman & Associates, our family law lawyers have considerable experience representing clients in mediation as an alternative to litigation. With three team members who are distinguished and accredited family law mediators, our team will strive to help you resolve your family law matter seamlessly. To schedule your consultation, contact us today.
What is a Family Mediator?
A family mediator is a neutral third party that helps spouses reach mutually satisfactory settlements during the separation or divorce process when they cannot. A family mediator can be a lawyer, mental health professional, member of the clergy, or other professional trained in alternative dispute resolution techniques.
Family mediators can conduct two different types of mediation when attempting to resolve conflicts:
- Open Mediation: Open mediation allows your mediation process to be recorded and reported back to a judge in court. While open mediation is rare, it may be necessary in instances where you feel you must pursue litigation at some point in the future.
- Closed Mediation: Closed mediation is more common than open mediation and ensures that your mediation process remains entirely confidential. All of your positions, discussions, or proposals cannot be recorded or used by either party in court. Some view closed mediation as being more conducive to successful resolutions. This is because each party can be sure the mediation process will not influence the outcome of their family law matter in court.
Unlike a judge or arbitrator, family mediators have no decision-making authority or power to enforce legally binding decisions. Instead, mediators function as facilitators who help parties arrive at compromises when they are having trouble agreeing.
Types of Family Mediators
The type of mediator that you choose to work with may depend on your specific family law matter. As outlined above, family mediation can be performed by a variety of professionals, including:
- Family Law Lawyers: Family law lawyers bring a deep understanding of legal principles related to divorce, decision-making responsibility, child support, and other family matters, allowing them to provide valuable insights throughout the mediation process. Their legal experience can ensure that any proposed agreements are fair, comprehensive, and compliant with provincial laws, reducing your likelihood of future legal disputes.
- Social Workers/Psychologists: When conflict arises due to parenting time or decision-making responsibility over shared children, a social worker or psychologist can be helpful. Psychologists and social workers are trained to understand the emotional and psychological aspects of relationships and often have experience working with children. As a result, they are skilled in conflict resolution and improving communication between parties.
- Financial Planners or Accountants: Working with a financial planner can be extremely helpful if you have encountered a financial dispute during your family law matter. Accountants and planners can be helpful when it comes to navigating the monetary aspects of your division of assets, debts, or support payments. They can make sure each party involved in your mediation has a clear understanding of their financial situation and can help guide you towards fair and sustainable financial agreements.
Although all professional mediators are meant to remain neutral between yourself and the person you are disputing, they are also trained to provide objective third-party analysis. Although they may not give you legal advice, they can express opinions as to what a judge may or may not decide to do in court given the facts of your case.
What Types of Disputes do Family Mediators Handle?
A family mediator can handle any significant family law matter that you are having trouble agreeing on with another party. Some common issues that family mediators handle include:
- Division of assets and equalization of net family property
- Parenting issues, including;
- Decision-making responsibility
- Parenting time arrangements
- Spousal support
- Child support
- And more
The length of time or method in which your mediator is able to facilitate an agreement will depend on the unique circumstances of your situation. If a mediator is successful in helping you and a partner reach a mutual agreement, they can proceed to help you make your agreement legally binding. They will prepare a memorandum of agreement, which sets out the basic provisions of the compromise you have reached. This will provide a foundation for your lawyers to draft a comprehensive separation agreement, parenting plan, or other legal document.
What Happens if an Agreement Isn’t Reached During Mediation?
When you are unable to resolve your dispute through mediation, there are several options that may be available to you. Once your mediation is terminated, you should consult your legal counsel about your best possible course of action.
You may be able to participate in arbitration, another form of alternative dispute resolution. During arbitration, a neutral third party, called an arbitrator, can make legally binding decisions regarding family law matters such as divorce, decision-making responsibility, or financial disputes. Arbitration serves as an alternative to going to court, offering a more private, flexible, and often faster resolution process. To undertake this form of dispute resolution, both parties must agree to enter arbitration.
If alternative dispute resolution methods are unsuccessful, you may need to take your family law matter to court. In this case, you may appear before judge, who will examine the evidence submitted by each party and establish a legally binding court order regarding the dispute in question. Going to court to resolve your family law matter can be a lengthy and costly process, but does ensure that an agreement will eventually be reached.
What is the Difference Between Mediation and Litigation?
When resolving family law matters in Ontario, parties can choose between mediation or litigation. While mediation is focused on collaboration between parties, litigation involves a court-driven resolution. Major and significant differences between mediation and litigation include:
- Control Over Decisions: In mediation, both parties retain control over their resolution process and work together with a neutral mediator to reach a mutually agreeable solution. During litigation, the outcome is decided by a judge, and both parties must accept the court’s decision, no matter what it is.
- Cost and Time: Mediation is generally faster and less expensive, as it avoids prolonged legal proceedings. Conversely, litigation can be time-consuming and costly due to court fees, legal representation, and the complexity of formal trials.
- Privacy: Mediation is a private and confidential process, which keeps your family matters out of public record. Litigation takes place in a public courtroom, meaning any proceedings and outcomes will be available publicly upon the conclusion of your trial.
Regardless of the method you choose to resolve your dispute, a family lawyer can be of great assistance. Whether you require a certified mediator or an experienced representative in court, consulting with a legal professional can help you feel confident while handling your family law matter.
Looking for a Family Mediator to Help Resolve Your Dispute? Contact Our Family Law Lawyers Today
Dealing with conflicts that arise during family law matters can add a layer of complexity and stress to your situation that you weren’t expecting. By working with a family mediator, you can quickly and effectively resolve your disputes without having to facilitate the discussions yourself. As a result, you can help to reduce overall contention and maintain more positive relationships between all parties involved.
At Gelman & Associates, our family law lawyers are available to help mediate your family law matter. With offices throughout Ontario, we are ready to assist clients all over the province. Whether you are having trouble agreeing on the terms of your separation, divorce, decision-making responsibility arrangement, or support payments, we can help you reach a mutually agreeable outcome. To schedule a consultation and find out more about your legal options, contact our team today.
Disclaimer: For specific legal advice on your family law matter, please consult with a family law lawyer. The content in this article is not intended to act as legal advice and is instead intended to act as a general overview of a legal topic.
