Mediation Guide

Mediation is a voluntary process in which neutral third-party mediator assists people in reaching a settlement.

The role of the mediator is to help identify issues and facilitate communication to enable people to work out their own solutions and arrive at a mutually agreeable settlement.

A mediator does not act as a judge, and make decisions, take sides, or provide any legal advice.

The family mediation process can focus on legal obligations and entitlements, and provides people an opportunity to discuss interests that extend beyond the law, including their needs, wants, fears, concerns, and goals for the future.

If there is a history of domestic violence or a power imbalance between the parties, where a person has capacity issues, or where one party is unwilling to compromise to reach a resolution, mediation will not be effective.

Mediation requires both participants to feel safe, communicate freely, act in their own best interests, and make reasonable compromises to reach a mutual resolution.

If you have concerns about for your personal safety and/or you wonder whether you will be able to negotiate and protect your own interests, it is recommended that you consult with a lawyer before the exploring mediation process further.

Generally, YES.

While the mediators at Teal Family Mediation are lawyers experienced in family law, in our role as mediators we cannot provide legal advice. The settlement documents we prepare at the conclusion of the mediation process are also not legally binding contracts.

We strongly recommend all mediation participants retain their own independent lawyers to provide legal advice before, throughout and at the conclusion of the mediation process. Legal advice important for you to fully understand your legal entitlements and obligations, and the implications of any settlement terms.

Your independent lawyers can facilitate incorporating the terms of any settlement reached in the mediation process into a legally binding separation agreement or contract. Your independent lawyer can also provide you with a “certificate of independent legal advice” with respect to your separation agreement. This certificate shows that you have reviewed your separation agreement with a lawyer. Certificates of independent legal advice help to protect against your separation agreement being set aside in the future.

Choosing the right lawyers to assist you is important. There are many settlement-focused family lawyers available to assist mediation participants with understanding their legal rights and obligations and finalizing amicable agreements, without creating unnecessary conflict.

So now you may be wondering how much mediation will cost. We don’t like to make promises we can’t keep. And the truth is, no two families are alike and therefore no two mediations are alike!

How long the mediation process will take and the costs depends upon a host of factors often beyond our control as mediators, including the number of issues you need to address and their complexity.

To avoid limiting our services or their quality, or overcharging for services when they are not required, we’ve opted not to offer “one-size fits all” mediation packages.

Rather, to achieve a balance between predictable costs and flexible, custom-tailored services to meet your families’ individual needs, we offer a combination of block fee and hourly rate services depending on the stage of the mediation process based upon a mediator hourly rate of $400 per hour.