What is Mediation?

Mediation is a dispute resolution method. It allows clients to negotiate family law issues outside of the court process with the assistance of a third party mediator. Both parties must agree to this process and it is recommended that both parties retain independent legal counsel before the process begins.

What is the role of a mediator?

The mediator is a neutral third party, typically a lawyer, who is trained to assist with negotiating family law disputes. The mediator's role is to assist the parties in reaching a mutually satisfactory settlement of their family law dispute. A mediator does not decide the outcome of a case or force settlement (unless the parties agree that the same mediator will also arbitrate if no agreement is reached – see section below on arbitration). The mediator is there to aid with communication, and often assists the parties with reaching settlement terms which are tailored to their particular situation as opposed to a "one solution fits all" type of judgment which is determined by the court. The mediator discusses the law and the parties' respective positions and also ensures the interests of both parties are being taken into consideration during settlement discussions. In some instances, the mediator will provide his or her opinion of the potential outcome of litigation in order to assist the parties in evaluating the value of a settlement.

Is mediation right for you?

Mediation may not be appropriate for parties who have a history of violence or abuse throughout the relationship or if there is a power imbalance between the parties. If the parties do undertake mediation under these circumstances, special precautions must be taken by the mediator and counsel representing the vulnerable party to ensure that there is no undue pressure during the process.