Mediation Process

Your Options

 

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

  • Engage your own individual lawyer

    • to attend at the meetings and give you individual legal advice as the mediation process proceeds.

    • to prepare the final written legally enforceable agreement which is commonly referred to as a “Separation Agreement.”

    • 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.
       

  • Engage our mediator

    • 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.
       

  • 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.

Getting Started
  • Both parties attend a pre-mediation meeting to screen to ensure that this is a case for mediation. The parties attend separately.

  • The parties will execute a Mediation Agreement and provide the deposit required to move through the mediation process.

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;

  • The necessity of sworn financial statements will be discussed.

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
  • The mediator will discuss creating a Memo of Proposals for resolution, which is a non-binding document, suggesting ways that the various concerns can be resolved.


Some cases take less than three meetings. Some take more. The objective is to come to a plan for resolution. However, this is not possible in all cases, but the court system expects people to consider mediation. You will have complied with this expectation, even if the process is not resulting in a final agreement on all issues.


It may be that both parties agree that a Separation Agreement, in draft form, should be drafted by the mediator. Each of you can then decide, with or without counsel, whether this meets your needs. However, people are always recommended to receive independent legal advice before signing legally binding documents of this nature. Whether people actually obtain independent legal advice is their option.


This is a process which is very reflective of the wishes of the participants. Thus, you have control over the process and the dates and times of the meetings can be coordinated with your mediator.

Moving to the First Step

Your first step is to contact our office and go through an initial questionnaire with one of our law clerks. You may call our office during regular business hours at 905-625-2874 or email us at contact@derushalawfirm.com or you may complete our Contact Form which will be reviewed by one of our senior lawyers and someone will get back to you.

Contact us TODAY to request a free 1/2 hour Consultation: (905) 625-2874


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Milton and Oakville 

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