FREQUENTLY ASKED QUESTIONS REGARDING GENERAL (COMMERCIAL & CIVIL) AND FAMILY MEDIATION:

Family Mediation: F.A.Q.

1. What is Family Mediation?

Family mediation is a method of dispute resolution. People work with the mediator to identify the matters that need to be addressed, express their individual objectives, develop and consider options, and reach detailed agreements. Participation is voluntary. Each decision is voluntary.

2. What Kinds of Family Disputes?

People who are separating or divorcing often use family mediation to make decisions about how to deal with the family assets and debts, spousal support, child support and to develop parenting plans.

Family mediation may also be used by couples to negotiate the terms of their relationship. It can be used to discuss the provisions of their pre-nuptial agreement. Or, if the couple is already married and considering separation, mediation may be used to negotiate a relationship that continues, but on different terms.

Parents and teens can make use of mediation to work out behavioural issues. Aging parents and adult children may resolve disagreements over medical treatment, housing choices, perhaps even estate provisions.

3. What is the Mediator’s Role?

I help people negotiate. In doing so, I remain impartial, favouring no one. I make suggestions about procedures that will help you to determine the matters that need to be resolved, to identify personal and joint objectives, and to consider possible options. I encourage participants to reach detailed agreements. I do not give legal advice.

4. What Happens at Mediation?

Initially, I meet separately with each person to describe mediation, to discuss whether mediation is the right process to use at this time, to plan the mediation and to help each participant prepare for the joint mediation meeting. Then, we have one or more joint mediation meetings. Although lawyers may attend, you may decide that you do not need their attendance. During meetings, I may suggest a brief, separate meeting with each participant.

In the joint mediation meeting you agree on what the problems are that need to be addressed. I assist you to express your own hopes, fears, concerns and desires and to hear those of the other participant. Creative options are explored and workable solutions selected. If requested, I prepare the agreement. I encourage you to review it with your lawyer as it is important to understand what the agreement means now and in the future. Sometimes we meet again to refine aspects of the agreement.

5. Is the Mediation Confidential?

Yes. All discussions between the mediator and the participants, and some of the documents provided at mediation, are confidential. I may discuss matters with each client’s lawyer. Confidentiality does not apply when children are in need of protection and when behaviour of a serious criminal nature arises. The Agreement to Participate in Family Mediation contains provisions about confidentiality that you may review, alone, or with your lawyer.

6. How to Prepare?

Gather documents that provide the information relevant to the decisions that you have to make. If you are separating or divorcing, use the Family Law Document Check List (found in Useful Tools & Links section, select from left menu) to collect the documents that you will need. Bring copies for me and your partner to the mediation. Think about and list what is important to you. Anticipate and list what you believe is important to the other person. Be ready to consider different ways to reach your goals.

7. How Many Meetings?

The number of meetings varies and is influenced by the level of emotion, the number of issues, and the complexity of each issue.

In addition to the preliminary conferences, there is at least one joint mediation meeting. There may be several two-hour meetings. The time between meetings allows for reflection about the discussion and tentative decisions reached at the preceding meeting and for gathering any information that was requested during the meeting.

8. How Long are the Meetings?

   Preliminary Conferences last about one hour. Depending on the circumstances, joint meetings last for two hours, 1/2 day or an entire day.

Commerical and Civil Mediation: F.A.Q.

1. What is Mediation?

   Mediation is a method of dispute resolution. People work with the mediator to:

   • identify the matters that need to be resolved;
   • express their individual objectives;
   • develop and consider options; and
   • reach detailed agreements.

   Each decision is voluntarily. Meetings are held when and where you choose.

2. What is the Mediator’s Role?

   I facilitate people’s negotiations. In doing so, I remain impartial, favouring no one. I will not give legal advice. I do assist disputants to:

   • prepare for mediation;
   • have important, perhaps difficult, conversations;
   • consider various settlement options; and record agreements.

3. What Happens at Mediation?

   Mediation meetings are usually joint meetings with all the disputants and their advisors present. It is often the first time that they are in the same place at the same time ready to discuss their dispute.

   Separate meetings also occur between the mediator and individual disputants, lawyers and other participants. When these occur prior to the joint mediation meeting, they are referred to as preliminary conferences. Separate meetings that take place during the mediation meeting are also known as caucuses.

4. What are Preliminary Conferences?

The purpose of preliminary conferences is to prepare for the mediation. How they are organized varies depending on the type of conversation that needs to occur to develop the process that will lead to an efficient, successful mediation. Sometimes conference calls among lawyers are adequate. Other times, I meet with each disputant separately. There are also occasions when I meet with all of the participants together.

5. How Many Meetings?

Often the dispute can be resolved at one joint mediation meeting.

6. How Long are the Meetings?

   The length and number of mediation meetings varies from dispute to dispute and is influenced by the level of trust, the context of the dispute, the number of issues and the complexity of each issue.

   Preliminary conferences last as long as needed to address preparatory matters and are generally shorter than the joint mediation meeting.

   Mediation meetings usually last for at least a half-day but they can require an entire day or several days.

7. Who Attends the Meetings?

Whoever needs to be present to reach an agreement that can be implemented should attend the joint mediation meeting. Those who need to be present are the disputants, often their legal advisors, and perhaps financial advisors, business managers, supervisors, interpreters, support persons or industry experts.

8. Is the Mediation Confidential?

   All discussions between the mediator and the disputants and their lawyers, and most of the information that is provided, is confidential. I may discuss the dispute with each client’s lawyer. The Agreement to Participate in Mediation contains provisions about confidentiality that you may review, alone, or with your lawyer. Some of the information that is provided in mediation may also be compellable in a litigation process.

9. How to Prepare?

Use the Risk Analysis and the Dispute Analysis tools (found in Useful Tools & Links section, select from left menu). The Risk Analysis will help you to satisfy yourself that mediation is the right process and be alert to the consequences of not settling. The Dispute Analysis will allow you to clarify what you need to resolve the matter and why. It will also help to uncover what the dispute is really about.

10. How Much does this Cost?

The direct costs of mediation are the mediator’s time, disbursements such as room rental, photocopying, long-distance charges, refreshments, and GST. Contact me to discuss my hourly and daily rates.

11. What are the Benefits?

The use of mediation often results in creative settlements. When the dispute is resolved quickly, your time and resources are freed to focus elsewhere. When the dispute is resolved confidentially, embarrassing public disclosure is avoided.

Please click here for a short Questionnaire to consider your suitability for mediation at this time.