Mediation FAQ

A: What is family law mediation?

Family law mediation is a process in which a neutral third party, known as a mediator, helps individuals and families resolve disputes related to family law matters such as divorce, child custody, and property division. The goal of mediation is to help the parties reach a mutually acceptable agreement without going to court.

During mediation, the mediator facilitates communication between the parties and helps them identify their needs and interests. The mediator does not make decisions for the parties or give legal advice, but rather helps them find common ground while working towards a resolution. Mediation is often less formal than a courtroom setting and can take place in the mediator's office or another neutral location.

Mediation is often used as an alternative to traditional litigation, as it can be less costly, quicker and less stressful for the parties involved. Mediation also allows the parties to have more control over the outcome of their dispute, as they are the ones who ultimately make the agreements. Additionally, mediation can be particularly beneficial for families, as it helps to preserve relationships and avoids the acrimony that can result from a court battle.

It is important to note that mediation is not appropriate in all cases, particularly in situations of domestic violence or where there is a significant power imbalance between the parties. In such cases, the mediator may refer the parties to other forms of dispute resolution or to legal counsel.

Overall, family law mediation can be a useful tool for resolving disputes related to family law matters. It allows spouses to have more control over the outcome of their dispute, preserve relationships and avoid the acrimony that can result from a court battle. However, it's important to consider the specific circumstances of each case before deciding whether mediation is the right choice.

A: How does mediation work?

Family law mediation is a process in which a neutral third party, known as a mediator, helps individuals and families resolve disputes related to family law matters such as divorce, child custody, and property division. The process typically begins with the parties agreeing to participate in mediation and selecting a qualified mediator. This involves signing an agreement to mediate. The mediator will then schedule a series of meetings, during which the parties will discuss their issues and work towards a resolution.

The first step in the mediation process is for the mediator to explain the process and the rules that will govern the meetings. This includes explaining the mediator's role, the confidentiality of the process, and the fact that the mediator cannot give legal advice. The parties will then have an opportunity to express their concerns and goals for the mediation.

The mediator will then help the parties identify the issues that need to be addressed and will facilitate communication between the parties to help them understand each other's perspectives. The mediator will also help the parties brainstorm potential solutions and evaluate the pros and cons of each option.

As the parties work towards a resolution, the mediator will help them create a written agreement that outlines the terms of the settlement. This agreement will be reviewed by the parties' lawyers, if they have them. Once the agreement is finalized, it can be made legally binding by being incorporated into a court order.

It's important to note that mediation is a voluntary process, and either party can choose to end the mediation at any time.

Overall, family law mediation is a process in which a neutral third party, known as a mediator, helps individuals and families resolve disputes related to family law matters. The mediator facilitates communication, helps parties identify their needs and interests and helps the parties work towards a mutually acceptable agreement. It's a voluntary process, and parties can choose to end the mediation at any time. Mediation can be beneficial for many cases as it is less formal, less costly, quicker and less stressful for the parties involved. However, it's important to consider the specific circumstances of each case before deciding whether mediation is the right choice.

A: What’s the difference between mediation and arbitration?

Mediation and arbitration are both forms of alternative dispute resolution (ADR), but they have some key differences.

Mediation is a process in which a neutral third party, called a mediator, helps the parties to communicate and find a mutually acceptable resolution to their dispute. The mediator does not make decisions or give legal advice, but rather facilitates communication and helps the parties to find common ground. Mediation is voluntary and non-binding, meaning that the parties are free to accept or reject any agreements reached during mediation.

Arbitration, on the other hand, is a process in which a neutral third party, called an arbitrator, hears evidence and arguments from both parties and makes a binding decision on the dispute. The arbitrator acts as a judge and makes a decision based on the evidence presented. The decision of the arbitrator is binding on the parties and enforceable as a court order. The arbitration process is typically more formal and similar to a trial.

In summary, mediation and arbitration are both forms of alternative dispute resolution, but they have some key differences. Mediation is a non-binding process where parties work towards a mutually acceptable agreement, whereas arbitration is a binding process, where the arbitrator makes a decision. Mediation can be a less formal whereas arbitration is more formal. Both are typically held in a boardroom environment.

A: How do I know if mediation is right for my family law matter?

Deciding whether family law mediation is the right choice for you depends on your specific circumstances. Generally, mediation is the best way to resolve family law disputes and should be attempted. However, here are some factors to consider when determining whether mediation is appropriate for your situation:

The nature of your dispute: Mediation may be particularly useful for disputes related to family law matters such as divorce, child custody, and property division. However, it may not be appropriate when one of the parties has a history of bad faith negotiation or may be using mediation to waste time and resources.
Your willingness to compromise: Mediation is a collaborative process that relies on the parties' willingness to find common ground and reach a mutually acceptable agreement. If you are not willing to compromise, mediation may not be the best option for you. However, a quality mediator can assist and breach gaps in negotiation that parties can run into on their own.
Your desire for control over the outcome: Mediation allows the parties to have more control over the outcome of their dispute, as they are the ones who ultimately make the agreements. If you prefer to have a neutral third party make the decisions for you, arbitration or court may be a better option.
Your desire for an efficient and less stressful process: Mediation is often quicker and less costly than traditional litigation and can be less stressful for the parties involved. If you are looking for an efficient and less adversarial process, mediation may be the right choice.
Your desire to preserve relationships: Mediation can be particularly beneficial for families, as it helps to preserve relationships and avoid the acrimony that can result from a court battle. If you are concerned about the impact a court battle will have on your relationships, mediation may be the right choice.

It's also important to note that you should consult with a lawyer or other legal professional before deciding whether mediation is the right choice for you. They can provide you with more information about your rights and options, and help you determine whether mediation is appropriate for your specific situation. They can also help you develop a strategy to employ in the mediation process.

In summary, Family law mediation is a process that might be suitable for you if you have disputes related to family law matters, you are willing to compromise, you want to have more control over the outcome of your dispute, you want an efficient and less stressful process and you want to preserve relationships. However, it's important to consider the specific circumstances of your case and consult with a legal professional before making a decision.

A: What is the role of a family law mediator?

The role of a family law mediator is to help individuals and families resolve disputes related to family law matters such as divorce, child custody, and property division. A mediator is a neutral third party who facilitates communication between the parties and helps them identify their needs and interests.

The mediator's main role is to act as a facilitator and guide, helping the parties to have a constructive dialogue and find common ground. They will help the parties focus on the issues that need to be addressed and will help them to identify the underlying interests and needs that are driving those issues. The mediator will not impose decisions on the parties or give legal advice but will help them to understand the legal and practical implications of the issues at hand and to find solutions that are mutually acceptable.

The mediator will also help the parties to understand the process of mediation and to set realistic expectations for the outcome. They will help the parties to navigate the emotional and psychological aspects of the dispute and will help to create a safe and respectful environment for the parties to communicate.

It is important to note that the mediator’s role is not to take sides or to favor one party over the other. The mediator is neutral and impartial, and their main goal is to help the parties to reach a mutually acceptable agreement without going to court.

In summary, the role of a family law mediator is to act as a neutral third party that helps individuals and families to resolve disputes related to family law matters such as divorce, child custody, and property division. A mediator will facilitate communication between the parties, help them identify their needs and interests, provide a safe and respectful environment for them to communicate, and help them to find common ground and reach a mutually acceptable agreement without going to court.

A:Do I need a lawyer for my mediation?

Whether or not you need a family lawyer for family law mediation depends on your specific circumstances. Mediation is a process that is designed to be less formal than traditional litigation, and it allows the parties to have more control over the outcome of their dispute. The mediator will not make decisions for the parties or give legal advice, but rather will help them find common ground and work towards a resolution.

If you feel confident in your ability to negotiate and understand the legal and practical issues related to your dispute, you may not need a family lawyer during the mediation process. However, it can be helpful to consult with a lawyer before and after the mediation sessions to ensure that you understand your rights and options, and that any agreements reached during mediation are legally binding and enforceable.

If you have any concerns about domestic violence, power imbalances or other circumstances that may make the mediation process unsafe for you, it is important to consult with a lawyer to ensure that you are protected. They can also help you evaluate the fairness of any agreements reached during the mediation process, and a family lawyer can help you navigate the legal system if you decide to take your case to court.

A family lawyer can also assist you in the mediation by providing you legal advice on any offers, running child and spousal support calculations, developing and tracking offers and giving real time strategy. A family lawyer can be of great assistance during a mediation.

In summary, it is not mandatory to have a family lawyer during a family law mediation process, but it is a very good idea to consult with one before and after the mediation sessions to ensure that you understand your rights and options. You may also need a family lawyer after mediation to provide you legal advice on any separation agreement reached to ensure it is enforceable and binding on the parties. However, if you can afford a lawyer to go to mediation with you it is usually very beneficial. If you have any concerns about domestic violence, power imbalances or other circumstances that may make the mediation process unsafe for you, it is important to consult with a lawyer to ensure that you are protected in the process.

A: Is family law mediation legally binding?

Family law mediation is not legally binding unless a clear agreement is reached. The courts in British Columbia and Alberta have upheld the agreements reached by parties in mediation even when not in a formal written agreement. Typically, agreements reached during mediation can be made legally binding through a court order or settlement agreement.

During the mediation process, the mediator will typically draft a written document outlining the terms of any agreements reached by the parties. This document is not usually legally binding, but it can be used as a basis for a settlement agreement or court order if the parties choose to make it legally binding.

It's important to note that before making any agreement reached in mediation legally binding, it is recommended that both parties consult with a family lawyer to ensure that they understand their rights and obligations, and that the agreement is fair and reasonable.

In summary, agreements reached during family law mediation are not automatically legally binding, but they can be made legally binding through a court order or settlement agreement. It is recommended that both parties consult with a family lawyer or other legal professional before making any agreement legally binding to ensure that they understand their rights and obligations and that the agreement is fair and reasonable.

A: Is mediation mandatory in family law?

Mediation is not necessarily compulsory in family law, but it is often required as a prerequisite before going to trial. The idea behind this is to give the parties an opportunity to resolve their disputes amicably, without the need for a trial, which is often more costly, time-consuming, and damaging to the family.

However, even when mediation is not required by the court, it can still be a valuable option for resolving family law disputes. Mediation allows the parties to have more control over the outcome of their dispute, preserves relationships and avoids the acrimony that can result from a court battle. Mediation is also less formal and less expensive than traditional litigation.

In summary, mediation is not always compulsory in family law, but it is often required as a prerequisite to going to trial. Mediation allows the parties to have more control over the outcome of their dispute, preserves relationships and avoids the acrimony that can result from a court battle. However, it's important to consider the specific circumstances of each case before deciding whether mediation is the right choice.

A: How much does family law mediation cost?

What does it cover? What doesn’t it cover?

The cost of family law mediation can vary depending on several factors, such as the location, the experience of the mediator and the complexity of the dispute. Mediation is generally less expensive than traditional litigation, but the cost can still vary widely.

Typically, the cost of mediation is based on the hourly rate of the mediator, and the number of hours required will depend on the complexity of the dispute and the willingness of the parties to reach an agreement. The hourly rate of the mediator can range anywhere from $300 to $700 per hour.

In comparison, the cost of traditional litigation can be much higher. Litigation can involve significant legal fees, court costs, and expert witness fees. It can also take much longer than mediation, resulting in additional costs for both parties. A typical family law mediation takes one or two days, while a trial can range from one day to many weeks.

In summary, the cost of family law mediation can vary depending on a number of factors. Mediation is typically less expensive than traditional litigation, but the cost can still vary widely. Typically, the cost of mediation is based on an hourly rate, and the number of hours required will depend on the complexity of the dispute and the willingness of the parties to reach an agreement. However, it's important to consider the specific circumstances of each case before deciding whether mediation is the right choice and affordable option. However, mediation is almost always less costly than trial.

A: How long does family law mediation take?

The length of time it takes to complete family law mediation can vary depending on a number of factors, such as the complexity of the dispute, the willingness of the parties to reach an agreement, and the number of sessions required.
Some mediation sessions may be completed in a single session, while others may require several sessions over a number of days. The length of a single session can vary from one hour to a full day. Some mediators may schedule a series of sessions over a period of weeks or months, depending on the needs of the parties.

In general, mediation is a quicker process than traditional litigation. It allows the parties to have more control over the outcome of their dispute and can be less expensive than traditional litigation. However, it's important to note that in some cases, the mediation process may take longer than expected if the parties are not able to reach an agreement quickly or if the dispute is particularly complex.

In summary, the length of time it takes to complete family law mediation can vary depending on a number of factors, such as the complexity of the dispute, the willingness of the parties to reach an agreement, and the number of sessions required. Mediation is generally a quicker process than traditional litigation, but it's important to note that in some cases, the process may be longer than expected.

A: How do I prepare for family law mediation?

Preparing for family law mediation is an important step in resolving disputes related to family law matters such as divorce, child custody, and property division. Here are some tips for preparing for mediation:

Gather important documents: It can be helpful to gather any relevant documents, such as financial statements or court orders, before the mediation session. This will allow you to have all of the information you need to make informed decisions during the mediation process.
Identify your goals and interests: Before the mediation session, take some time to think about what you hope to achieve through the mediation process. Identify your goals and interests related to the dispute, and be prepared to discuss them during the mediation session.
Be open-minded: Mediation is a collaborative process that relies on the parties' willingness to find common ground and reach a mutually acceptable agreement. Be open-minded and willing to consider different options for resolving the dispute.
Consult with a lawyer: If you have any questions about your rights or options, it is helpful to consult with a family lawyer before the mediation session.
They can provide you with more information about your rights, provide negotiation strategy, and help you determine whether mediation is appropriate for your specific situation.
Be prepared for emotions: Mediation can be an emotional process and it's important to be prepared for the emotions that may come up during the session. Be prepared to express your feelings in a respectful way and listen to the feelings of the other party.
Be on time: Mediation sessions are usually scheduled on a strict time frame. Be sure to arrive on time, as the mediator may not be able to extend the session and may have to reschedule it if you are late.

In summary, Preparing for family law mediation is an important step in resolving disputes related to family law matters. It's helpful to gather important documents, identify your goals and interests, be open-minded, consult with a lawyer, be prepared for emotions and be on time. These steps will help you have an effective mediation session, and increase the chances of reaching a mutually acceptable agreement without going to court.

A: How do I find a family law mediator who is right for me?

Finding a family law mediator who is right for you can be an important step in resolving disputes related to family law matters such as divorce, child custody, and property division. Here are some tips for finding a mediator who is a good fit for you:

Check for qualifications: Look for a mediator who is trained and qualified in family law mediation. They should have a professional background in law or a related field, and have experience in resolving disputes similar to yours.
Look for a mediator who has a good reputation: Ask for referrals from friends, family or lawyers. You can also check for online reviews or consult with professional associations to find a mediator who has a good reputation.
Look for a mediator who is neutral and impartial: Mediators should be neutral and impartial, and should not take sides or favor one party over the other. It's important to find a mediator who will be fair and unbiased.
Look for a mediator who is a good communicator: Mediation relies heavily on effective communication, so it's important to find a mediator who is a good listener and can clearly express themselves.
Look for a mediator who is responsive to your needs: Mediation is a very personal process, so it's important to find a mediator who is responsive to your needs and is able to create a safe and respectful environment for you to communicate.
Look for a mediator who is experienced: Experience is key when it comes to mediation, you want to find a mediator who has dealt with many similar cases and has the knowledge to guide you through the process.

In summary, finding a family law mediator who is right for you is an important step in resolving disputes related to family law matters. You should look for a mediator who is trained and qualified, experienced, and well reviewed in the community.

A: Should I have a lawyer attend mediation with me?

Whether or not to have a family lawyer attend family law mediation with you depends on your specific circumstances.
Here are some factors to consider when determining whether to have a lawyer attend mediation with you:

Your understanding of the legal process: If you are not familiar with the legal process and your rights, it may be beneficial to have a family lawyer present to advise you during the mediation sessions.
The complexity of your case: If your case is complex and involves significant assets or legal issues, it may be beneficial to have a family lawyer present to advise you on the legal implications of any agreements reached during mediation.
Your comfort level with negotiation: If you are not comfortable negotiating or do not feel confident in your ability to express your needs and interests, having a lawyer present can provide you with the support and guidance you need.
The presence of power imbalances: If there is a significant power imbalance between you and the other party, such as domestic violence, it may be beneficial to have a lawyer present to ensure that your rights are protected and you are not taken advantage of during the mediation process.
The availability of legal aid: If you don't have the means to afford a lawyer, it is always best to check if you qualify for legal aid.

In summary, whether or not to have a lawyer attend family law mediation with you depends on your specific circumstances. If you are not familiar with the legal process and your rights, if your case is complex and involves significant assets or legal issues, if you are not comfortable negotiating or if there is a significant power imbalance it may be beneficial to have a family lawyer with you in mediation.

A: Can I force my ex-partner to attend mediation with me?

Whether or not you can force your ex-partner to attend mediation with you depends on the laws and court rules in your jurisdiction. In some cases, courts may order the parties to attend mediation as a prerequisite to filing a lawsuit, or going to trial. In Alberta and British Columbia there is a requirement from the Courts to attend some form of dispute resolution prior to being able to book a trial.

However, even when mediation is not court-ordered, it is still possible to encourage your ex-partner to attend mediation with you. You can discuss the benefits of mediation, such as being a quicker and less expensive resolution process, as well as the potential to be less acrimonious and preserve some amicable relationship. . You can also offer to split the cost of the mediation and make it clear that you are willing to negotiate and be open-minded.

In summary, whether you can force your ex-partner to attend mediation with you depends on the laws and court rules in your jurisdiction. But even when mediation is not court-ordered, it is still possible to encourage your ex-partner to attend mediation with you.

A: Do I have to attend a mediation in person, or can I send a representative?

Yes, you will be required to attend the mediation. The foundation for mediation is that the parties buy into the process and work together to come to a resolution. You can also bring a lawyer with you to mediation, but both parties must attend. It is possible to attend mediation in person or virtually by video conference. This enables you to attend from anywhere in the world. Also, mediation can be done in separate rooms, or separate virtual “rooms”, so that the parties can be separated if it is too uncomfortable to be in the same space.

In general, mediation is a process that is meant to be less formal than traditional litigation, and it allows the parties to have more control over the outcome of their dispute. The mediator will not make decisions for the parties or give legal advice, but rather will help them find common ground and work towards a resolution.

In summary, whether or not you have to attend a mediation in person or can send a representative depends on the laws and court rules in your jurisdiction. In general, attending mediation in person is recommended as it allows you to have a direct dialogue with the other party. However, in certain circumstances, it may be acceptable to send a representative, but they should be authorized to make decisions on your behalf, have a full understanding of your position and be able to effectively communicate it.

A: What are the different kinds of family law mediation?

There are several different types of mediation, each with its own unique approach and focus. Some of the most common types of mediation include:

Traditional or Facilitative Mediation: This is the most common type of mediation and involves a neutral third party who facilitates communication between the parties and helps them identify their needs and interests. The mediator does not impose decisions on the parties or give legal advice, but helps them to find common ground and work towards a resolution.
Evaluative Mediation: This type of mediation involves a neutral third party who evaluates the strengths and weaknesses of each party's position and provides an opinion on the likely outcome of the case if it were to go to trial. This type of mediation is often used in more complex cases.
Transformative Mediation: This type of mediation is focused on empowering the parties to take control of their own dispute resolution process. The mediator helps the parties to identify and address the underlying issues that are driving their dispute, rather than just focusing on the specific issues at hand.
Restorative Mediation: This type of mediation is used to restore relationships and repair harm caused by the dispute. The mediator helps the parties to understand the impact of the dispute on each other and work towards a resolution that addresses the needs of all parties.
Med-Arb: This is a combination of mediation and arbitration, where the parties first go through mediation, but if they do not reach an agreement, the mediator becomes the arbitrator, and makes a binding decision.

In summary, there are several different types of mediation, each with its own unique approach and focus. The most common types of mediation include Traditional or Facilitative Mediation, Evaluative Mediation, Transformative Mediation, Restorative Mediation, Med-Arb. Each type has its own unique approach, and the right one for you will depend on the specific circumstances of your case and your needs.

A: Are all mediators also lawyers and if not, why should I work with a mediator who is a lawyer?

Not all mediators are lawyers. Mediators come from a variety of backgrounds, including psychology, social work, and business. Some mediators are trained and qualified in a specific area of expertise, such as family law or business disputes.

Having a mediator who is a lawyer may be beneficial in certain cases, particularly if the dispute involves complex legal issues. A mediator who is a lawyer can provide legal information and advice to the parties during the mediation process. They can also help the parties to understand the legal implications of any agreements reached during mediation and can assist in drafting legal documents.

Mediators who are lawyers know the legal system and can provide guidance on how a case may proceed in court if the parties are unable to reach an agreement during the mediation process. They can also help in understanding the legal rights and responsibilities of the parties.

In summary, not all mediators are lawyers, but having a mediator who is a lawyer may be beneficial in certain cases, particularly if the dispute involves complex legal issues. However, the success of mediation depends on the willingness of the parties to communicate and find a mutually acceptable resolution to their dispute, not just the qualifications of the mediator.

This FAQ was prepared by Calgary Mediator and Senior Family Lawyer, Mat Wirove. Get started by setting up a free consultation with our mediation intake coordinator today.

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