Will the information shared in the mediation and negotiations be disclosed to the court?

There are different kinds of mediators; mediators who are social workers, lawyers, psychologists, and members of other professions. Any of these professionals can become licensed to be a family mediator.

The purpose of partaking in a mediation is to attempt to reach an agreement with your former spouse on varying issues that require resolution following the breakdown of a marriage. These issues include, but are not limited to, child support, spousal support, the division of property, access, custody, and so forth.

Before deciding to see a mediator, it is recommended that both spouses speak to lawyers (each spouse will have to seek advice from a different lawyer) to make sure that the parties are aware of their legal rights and entitlements throughout the divorce process.

Whether or not the information from a mediation will be available to a court is dependent on whether the mediation itself was an open or closed mediation.

In the event that you were partaking in an open mediation, the mediator is allowed to keep a written copy of a report that outlines the items discussed in mediation, and each spouse’s response. If you partook in an open mediation, then the information that is recorded throughout the mediation is available to the court.

In the event that you partook in a closed mediation, then the events that are recorded throughout the mediation process are not completely available to the court. The only information available to the court after a closed mediation is the agreement(s) reached between you and your former spouse.

Generally, if the process of mediation proves itself to not be effective, then you and your former spouse may make the decision to see separate lawyers and move the issue to be heard by a court of law.

Click on this link to explore more articles dealing with mediations in Ontario.

For more information on open and closed mediations, contact Krol & Krol at 905.707.3370.