Mediation, a form of alternative dispute resolution assists a couple to navigate the emotional, legal and practical concerns that flow naturally from a decision to separate and or divorce.
Mediation is a voluntary process chosen by the parties. It is a private, flexible and informal process where the mediator assists the parties to work together to find acceptable solutions to their issues. The parties, not the mediator, make decisions about the terms of their agreement. Once a settlement is reached, the mediator drafts written Minutes of Settlement, a record of the discussions and decisions the parties made together. Minutes of Settlement are not a legal agreement. The parties are encouraged to seek legal advice and assistance throughout the mediation process and to have these minutes formalized into a separation contract..
The advantages of mediation include:
- Mediation is less stressful and eases the impact on children.
- Mediation is less time-consuming and more cost-effective.
- Mediation fosters post separation communication and cooperation between spouses.
- Mediation enables spouses to make fair and informed decisions about their family and their property.
- Mediation assists the parties to eliminate conflicts before they arise.
- Mediation promotes ongoing family relationships.
- Mediation agreements are frequently more successful and durable.
The mediator’s roles include:
- meeting with the parties and helping them to define issues in dispute
- managing the mediation process and keeping discussion on track
- helping parties to communicate their interests clearly
- helping parties reach an agreement
The Cost of Mediation
Mediation costs are reasonable and substantial less than adversarial litigation. All fees are clearly explained to the parties and are transparent and included in the agreement to mediate.
Separation and Divorce
The decision to separate and divorce often involves making difficult decisions at a painful and emotional time. We aim to assist families to make a successful transition by supporting clients with all aspects of the divorce. We provide an informal, comfortable and supportive family environment staffed with certified staff through counselling, marriage closure therapy and mediation.