MEDIATION IS...
A voluntary method of resolving disagreements. It provides families with an opportunity to resolve disagreements arising out of their separation or divorce. Parents or separating couples may decide to participate in mediation to negotiate a settlement with respect to issues including:
- A parenting plan for children
- Child support
- Spousal support
- Division of property
MEDIATORS ARE...
Professionals trained to act as neutral, third party facilitators. The mediator's role is not to give legal advice, to take sides or make recommendations, but rather to help parties explore the issues and find solutions. The mediator helps to provide a safe environment and offers options and suggestions during the process, which helps the parties reach an agreement.
TopHOW MEDIATION WORKS:
Referrals are accepted from the Court, lawyers, individuals or community services. Once a referral is made, and both parties agree to proceed with mediation, the mediator will meet with each party individually to gain an understanding of the issues and their concerns.
Mediation is not appropriate for everyone. For example, if there is a history of family violence or a significant power imbalance in the relationship, mediation may not be appropriate. Possible reasons mediation should not take place, as well as issues to be mediated, will be explored during the initial meeting.
This initial session also allows the parties to clarify their understanding of mediation and to decide whether they wish to proceed. The mediator will then meet with all parties and work towards assisting them to reach an agreement. At the completion of the mediation process, the agreement or Memorandum of Understanding may be prepared by the mediator.
TopON-SITE MEDIATION:
There is a mediator located at the Family Courts, who is available to mediate narrow issues. The on-site mediator is also available to provide information about mediation and to take referrals. There are no fees for on-site mediation. Please see Family Law Information Centre section for more details and hours of operation.
TopOFF-SITE MEDIATION:
This mediation takes place in the mediator's office. A roster of mediators is maintained in the communities of each Family Court. The initial individual sessions are usually followed by five to six hours of joint mediation. There is a mediator located at the Family Courts of Peterborough, Lindsay and Cobourg.
TopFEES:
Where one of the parties resides in one of the four counties, or the matter is before the Family Courts in Peterborough, Lindsay or Cobourg, fees are assessed for each party based on a sliding scale that considers both income and number of dependents. It is the policy of the Mediation Service, that inability to pay will not prevent individuals from receiving service. The Mediation Service receives funding from the Ministry of the Attorney General.
TopLEGAL ADVICE:
It is strongly recommended that all participants in the mediation process seek legal advice prior to participating in mediation and certainly prior to signing any agreement with respect to issues arising out of their separation. The mediators will educate with respect to issues, but will not provide legal advice.
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