Forward-Thinking and Collaborative Family Lawyer Offering Mediation Services Throughout Toronto and Ontario

There are many routes to resolving the issues arising from the breakdown of a marriage.

Taking your ex to court, contrary to popular belief, is the least preferred route. Court proceedings are public, time consuming and rather expensive. Instead, couples are more likely to negotiate a separation agreement themselves through an alternative dispute resolution mechanism. The most common method for resolving disputes is through mediation.

At Gelman & Associates, Paul D. Slan, one of our most senior lawyers, has been mediating family law disputes for more than 40 years. His experience and knowledge of the Ontario family law system allows him to guide spouses towards a fair and balanced settlement of their family-related issues through mediation, without resorting to the traditional court system.

What is mediation?

The mediation process is a form of alternative dispute resolution, that assists you and your spouse in reaching a mutually satisfactory settlement with the help of a neutral, third-party called a mediator. Mediators can be lawyers, mental health professionals, clergy, or other professionals trained in alternative dispute resolution techniques. They can help you resolve issues related to family law such as property division, spousal support, and custody.

Two Types of Mediation

There are two types of mediation: open and closed. A closed mediation is confidential and the discussions within the mediation cannot be used as evidence if the matter goes to court. An open mediation is not confidential. The mediator may even prepare a report after the mediation that could help a judge later on. You and your spouse can decide on whether the mediation should be open or closed before you start the proceedings and include that decision in a mediation agreement.

The Mediation Process

Mediators cannot give either of you or your spouse legal advice, despite the fact that the mediator might be a lawyer. They are not a substitute for having your own independent legal counsel. The mediator’s role is to help you and your spouse communicate with one another and reach agreement on issues in dispute, while your lawyer’s role is to make sure your legal rights are protected.

Once there is agreement on all outstanding issues, the mediator will record them all in a Memorandum of Understanding, which will then need to be reviewed by each spouses’ independent lawyer.

Once reviewed by your lawyer and the terms are deemed acceptable to both parties, your lawyer or your spouse’s lawyer will draft a legally binding separation agreement that reflects the terms of the mediated settlement.

Mediation Can Help Resolve Your Family Law Dispute: Contact Gelman & Associates

Contact Gelman & Associates to learn how mediation can help you and your spouse resolve your family law issues in a cost-effective and low-conflict manner. Serving six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough, our offices are easily accessible by transit and off-highway. Our phone lines are open Monday to Friday from 8 AM to 8 PM. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for an initial consultation.

From the Blog

Latest posts from the Gelman & Associates blog

17

Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …


Read More
12

Tips For Vacation Planning For Divorced Or Separated Parents

Planning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …


Read More
03

Court Terminates Husband’s Obligation to Pay Spousal Support

In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …


Read More

Contact

Questions? Send us an email

Contact Form - Home
Sending