The purpose of this program is as follows:

1. To work with both sides equally, in exchange of basic information, and to put forward a proposal of resolution which reflects the application of the law and suits the individual needs and desires of both spouses.
   
   
2. To put together a non-binding, not legally enforceable proposal of resolution for discussion with counsel and for obtaining independent legal advice. The document may be completed in the form of a full Separation Agreement which only requires signatures once parties have had the opportunity to obtain independent legal advice. DeRusha Law Firm will not provide any legal advice to either side that can be relied on in executing, binding, or legally enforceable documents.
   
   
3. If all issues cannot be resolved, but only some issues can be resolved, to prepare written agreements that may resolve some of the issues.
   
   
4. To make it possible for both spouses to report to the court (if the court system is necessary to resolve issues) that attempts have been made to mediate disagreements or issues.  The court system expects parties to attempt this process rather than proceeding through litigation which is generally considered to be the last resort and only to be used after mediation and negotiation approaches have been unsuccessful.

Your Options

During this process you have options which would include the following:

1. Engaging your own individual lawyer to attend at the meetings and give you individual legal advice as the mediation process proceeds.
   
   
2. Engage your own lawyer to prepare the final written legally enforceable agreement which is commonly referred to as a “Separation Agreement.”
   
   
3. To engage your own lawyer or other certified person to complete your sworn Financial Statement.  We take the position that you are entitled at any time to ask that your spouse complete a sworn Financial Statement but you can only legitimately do so with the understanding that you must also produce your sworn Financial Statement so that there is a balance in the process.
   
   
4. You may choose, with your spouse, jointly, to have our lawyer not only complete a Proposal for Resolution (which is a set of some general statements as to what might be the resolution between you and your spouse) but also a draft Separation Agreement which would be a multi-paged detailed document which has the intention of being signed by both sides to become a legally enforceable agreement.  This document would be presented to both of you with the recommendation that you obtain independent legal advice so that it is signed with independent legal advice on both sides.  However the option of waiving independent legal advice can never be taken away from a party so you may choose to sign it without independent legal advice, as may your spouse, and that is their option.  The document will be drafted with instructions as to how to proceed with each option so that ultimately, if a resolution has been reached, there are signed Separation Agreements exchanged.
   
   
5. Proceed to obtain a Divorce Judgment, once the Separation Agreement is executed, so that a Divorce Judgment is granted by the courts on an uncontested basis.  Uncontested basis means that the court is satisfied that the issues between the parties have been resolved, or at least that the parties do not wish the court to be involved in resolving any of the potential issues between the parties.

Fixed Costs for Mediation

Our firm has a program with anticipated costs to make this process more affordable (set out below).

The Mediation Approach

If the other spouse wishes to proceed with an investigation about mediation concepts the steps would be as follows:

1. The second spouse attend for a consultation, preferably with the first spouse but not necessarily, and that that consultation is about the mediation process so that they meet the lawyer and ask questions about the mediation process.  This would be for one half hour.  The cost is $150 (inclusive of HST).  If DLF is engaged to complete the mediation process for the block fee concept then the $150 will be deducted from the total estimated block fee.
   
   
2. The block fee process anticipates that there will be the following steps: 

a. Each party complete a Financial Questionnaire (which is not a Financial Statement) giving general estimates and information, which will be exchanged with the other party, and reviewed by the mediation lawyer as part of the background.  This document would be given at the consultation of second spouse.

b. At the consultation of the second spouse parties will receive a draft Retainer Agreement which says that they are hiring the DLF lawyer as a mediator.  The block fee total will be $5,000 (minus the $150 consultation fee for the second spouse).

c. The block fee approach is of the view that this process will require three meetings, each one for approximately 90 minutes, involving both spouses and the DLF mediator.  If either spouse wishes to engage a lawyer to attend at these meetings they are welcome to do so. The meetings will have the following objectives:

First Meeting

• financial information exchanged and discussed

• the various concerns which may include equalization/property issues; child custody and support; spousal support; divorce process and costs; incidental concerns which may include life insurance, health insurance or other interests, will be discussed as an overview

• there will probably be some homework for each of the spouses before the second meeting

Second Meeting

• this will be a follow up from the first meeting but there will be some discussion as to specific resolution of various concerns so that the mediator may put forward some suggestions as to resolution

Third Meeting

• If possible, prior to the meeting, or at the meeting, or if only possible immediately following this meeting, the DLF mediator will put forward a memo of proposals for resolution, which is a non-binding document, suggesting ways that the various concerns can be resolved.

Follow Up From Third Meeting

This will involve a letter with the proposals going out to each of the spouses with the proposal, asking whether the spouses are of the view that the proposals should be set out in a detailed Separation Agreement.  This would be the document to be signed by the parties to confirm resolution.  There would also be a suggestion that each party obtain independent legal advice, or in the alternative, they are prepared to sign a waiver of independent legal advice and sign with information based on their own beliefs or knowledge.

Drafting the Separation Agreement

If the instructions from both sides, that is both spouses, is that DLF should draft the Separation Agreement, DLF would do so.  However this would be in addition to the mediation process described above and would be approximately $1,000 of additional costs (inclusive of disbursements and HST).  It would be provided to both sides with a covering letter concerning the recommendation for each obtaining independent legal advice or in the alternative that they are waiving independent legal advice with the appropriate waiving independent legal advice forms.  Each spouse may choose to sign this document (which signing would have to occur away from the premises of DLF), but the documents may be delivered to DLF by one side all signed, then be signed by the other side, and if that is what occurs then the mediation process would have resulted in an enforceable agreement.

Total Cost

The total cost of the mediation process, to a position of a proposal, will involve many hours of lawyer time in addition to the three meetings.  Each meeting, including the preparation, memo completion and follow up, will not be merely 1 ½ hours (or 90 minutes) which the meeting is scheduled for, but may involve one or two hours of time beyond just the meeting itself.  Thus it is anticipated that the total lawyer time engaged in this mediation process will probably be in the range of 10 to 12 hours.  Unless there are unusual circumstances, and those would be brought to the attention of both spouses as soon as the unusual circumstances are identified (and this is most unlikely in most cases) the block fee payment will cover the process up to the Memo of Proposal of Resolution. If DLF were to complete the Separation Agreement and it should be signed by both spouses DLF would keep a copy for both and the total cost would be approximately $6,000 (minus the $150 of the second consultation).

Additional Mediation Time

It may be that both spouses may be unsuccessful in reaching an agreement, and still end up going to the court process. However, DLF will remain available as a mediator rather than using the court system, but this would require both spouses (and their respective lawyers if each has a lawyer) to agree to continue to use DLF’s services. Additional costs would be set out by an hourly rate system as is commonly done with other mediation arrangements.

Obtaining a Divorce

Once a Separation Agreement is executed and all issues have been resolved, DLF would be prepared to complete a divorce at a shared fixed cost price between the parties. Including the various court disbursements and other expenses this would probably range between $1,200 to $1,500. The most common ground for obtaining a divorce is separation for more than one year and so it would be unlikely that the Application for the divorce would be commenced until the parties have been separated for at least 10 months. Both parties would have to be cooperating with each other in obtaining the divorce and the cost would be shared or as otherwise agreed on at that time between the parties and DLF.