23 Mar What To Expect
WHAT TO EXPECT
Step One: One party contacts the mediator, by email or by phone.
Through conversations with each party, the mediator and the parties decide whether mediation is appropriate for their situation.
Step Two: If mediation is deemed appropriate, the mediator will meet with each party separately for a pre-mediation meeting. At pre-mediation, personal information and information pertaining to the marriage is gathered; issues are defined; clarification of the mediation process is provided; and any questions or concerns are addressed.
Step Three: Each party needs to prepare and provide to the mediator a sworn statement outlining their assets and liabilities. It is advisable that at this point the parties seek legal advice in order to better understand their rights and the laws surrounding divorce and separation.
Step Four: A mediation date is agreed upon by all parties. Parties may request a support person be present at the mediation. Such support must be discussed and agreed upon by all involved prior to the meeting.
Step Five: The mediation takes place. Depending on the number of issues and the level of conflict, this can take up to a day or longer.
Step Six: In the days following the mediation, issues that were successfully resolved at mediation are written up by the mediator in a Memorandum of Understanding. This is reviewed by the parties, and in turn sent to their legal representatives for the lawyers to formalize into a legally binding document.
A frequently asked question is how much a mediation will cost. Similar to estimating length of time, it depends on the issues needing to be resolved and the level of conflict. Final cost is based on the following charges:
- Pre-mediation meetings are a flat fee of $200, plus GST.
- Mediator’s time for preparation, attending the mediation, phone calls, preparation of documents and other related activities: $200/hour plus GST