Family Law Mediation
Avoiding Court Costs Through Family Law Mediation
The mediation process in family law may involve questions of child custody, child support, spousal support, division of property, equalization, implementation of domestic contracts and divorce. We offer this service at DeRusha Law through Family Mediation Works.
Mediation involves a collaborative approach, where the parties can decide whether to use lawyers, each having their own, one party having a lawyer, or the parties may decide to resolve all conflicts without the use of any individual lawyers. Instead, the mediator, who is also a skilled and experienced lawyer, may be able to mediate the conflict to an acceptable resolution. The final result may be an executed agreement with independent legal advice being sought by the parties, or if they choose not to proceed with independent legal advice, they decide that the agreement is understandable and to their satisfaction, without the need for engaging a lawyer. These are all the types of choices that can be made in the mediation process.
The purpose of this program is:
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.
To arrange for the drafting of a legally enforceable, binding written agreement which reflects the resolution of all issues.
If all issues cannot be resolved, but only some issues can be resolved, to prepare written agreements that may resolve some of the issues.
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 Family Mediator/Lawyer
Our lawyer/mediators can do it all -- from discussion to the final agreement. Unlike mediators from other areas, such as psychology, social work, and education, lawyer/mediators can do the legal work and draft the agreement to resolve all issues. Mediators from other areas, even if they are “certified” by a family law mediation association, cannot draft a final agreement. They must send the parties to lawyers at the end of the process, with some directions called a Memorandum of Understanding. Our lawyer/mediators will complete all tasks, including the final, legally enforceable, Separation Agreement.
Our lawyers know the law and are trained in the law; some are Certified by the Law Society as Family Law Specialists (a special approval and continuing education must be maintained for the status), or have Masters degrees, including in Family Law, or in Civil Litigation (Dispute Resolution), or have been appointed by the Superior Court of Ontario as Dispute Resolution Officers (conducting Case Conferences for parties and their lawyers in the family law process).
Your situation may require the most qualified person. Lawyer/mediators are the only mediators that can prepare the court documents for divorce or attend in court for court orders. In mediation, you should have a mediator that knows what the courts and law would do as part of your considerations. The time and cost is reduced when you have a lawyer/mediator that can do it all.
Both sides will engage in discussions about the mediator and mediation process at the initial mediation consultation. Thereafter we could go right into the mediation consultation process.
The First Step in Family Mediation
Your first step is to contact our office and go through an initial questionnaire. You may call our office during regular business hours at 905-625-2874 or email. Or you may complete our Contact Form which will be reviewed by one of our senior lawyers before we contact you.
Learn more about our Family Law Mediation Process