During mediation, parties have an opportunity to explain their concerns, needs and goals to each other in the presence of a qualified family mediator — in a constructive and structured manner.
Mediation is also entirely confidential, which means that the parties are free to speak openly with one another and their mediator, without worrying about violations of privacy or whether anything they say can be used against them in ongoing or future court proceedings.
While mediation often takes place in person in an informal setting, it may also be done virtually via online teleconferencing software, according to the preferences of the parties.
Selecting the correct mediator is one of the most important decisions you and your former partner have to make after opting for family mediation.
Both parties must be comfortable with the selection, and there is no shortage of options in a province like Ontario, where the profession is relatively new and unregulated. That means anyone can hold themselves out as a mediator, regardless of their experience or qualifications.
Still, Ontario-based mediators who provide court-connected services are required to meet minimums standards, and Darlene Rites is one of a select few mediators who have been accredited by the Ontario Association of Family Mediation, a designation available only to those who have completed formal family mediation training and supervised practical experience in the field. Darlene was formally on the roster of the Toronto Family Mediation Services (formally Mediate393), which provides government-funded family mediation services in Toronto’s Superior Court of Justice and two Ontario Courts of Justice.
Mediators come with a variety of styles and educational backgrounds, which means that your choice could be a lawyer with a background in family law, a social worker or a psychologist with mediation experience.
One of the advantages of hiring a mediator who is also a family lawyer is that they can arm you with relevant legal information as well as a perspective on how similar cases have played out in court. In cases involving complex financial issues, a mediator’s knowledge of the latest legal developments and precedents is crucial.
Although a mediator who is a family lawyer may be able to offer you information about the judicial process and relevant law, it’s important to remember that they are a neutral party, and that they cannot offer legal advice to either party.
Instead, mediators come to the table with a singular focus on settlement, acting as a kind of sounding board for both sides to communicate their offers and test proposed solutions.
Through a combination of joint and individual sessions, the mediator facilitates discussions between the parties, using their creativity and a variety of strategies to guide parties in a respectful and sensitive manner towards a mutually acceptable resolution.
After a settlement is reached, a mediator who is trained in family law can draft a separation agreement reflecting its terms, and will often instruct the parties to obtain independent legal advice before each of them signs. Once the separation agreement is executed, it is as legally binding as a court order.