Mediation Guide

Before applying to court, separating spouses have a legal duty under the Divorce Act to try to resolve their issues using a family dispute resolution process, such as mediation, to the extent that it is appropriate to do so.

Parents also have a legal duty to protect their children from the harm of parental conflict under both federal and provincial laws.

Mediation can help you meet these legal duties.

Mediation is child focused. The guidance and resources we provide are aimed at promoting the well-being of children, reducing conflict and promoting your ability to successfully parent together during this time of transition and into the future.

Mediation also provides you and your co-parent the opportunity to create a custom parenting plan - which you design together - tailored to meet your unique family circumstances and your children’s individual needs.

Mediation is a future looking process focused on reaching mutually agreeable solutions, without finding fault.

This is in contrast to adversarial processes like court that often focus on past history and blame, only amplifying conflict and keeping you stuck in the negative energy of the past.

In the mediation process you will be communicating and negotiating directly with one another - with your mediator’s guidance - allowing both of your voices to be heard.

This is in contrast to legal negotiations or court, where your voices are filtered through lawyers or reduced to written letters and court documents.

Mediation allows you to maintain control over your negotiations and the final outcomes you want for your family.

This is in contrast to the court process where a judge unfamiliar with you or your children make decisions for your family while bound by the “one-size fits all” legal model.

Mediation is generally much more cost and time efficient than other processes.

Typically both parties share the costs associated with mediation, and many mediations can be resolved in a short period of time.

Mediation minimizes the emotional stress for the parties involved.

With a trained, kind and compassionate mediator, a safe space is created in the mediation process to give parties equal voice in communicating their goals and interests, without engaging in stressful and harmful combat.

Unlike the Court process which is public, mediation is a private and confidential process.

All mediation participants are asked to sign a Mediation Agreement to protect privacy and confidentiality.

The custom-tailored agreements reached through direct negotiation in the mediation process are generally lasting resolutions, in comparison to circumstances where a decision is imposed upon people - which they are often unhappy with.

However, should future conflicts arise which you cannot resolve directly, you can agree to return to the mediation process for help in working together to find a solution.

Through the process, mediation can improve cooperation and communication between participants.

This is particularly important for families who have an ongoing stake in their relationships - co-parenting children together both now and in the future.

Although you may not be together as a couple, mediation helps set the stage for you to find your new normal as a family.