Mediation

There are times, usually when the parties are seemingly amicable from the outset, when parties seeking a divorce will resort to mediation.

Mediation is an alternative dispute resolution mechanism whereby a third-party professional assists the parties in coming to some form of agreement. Family Mediation Canada defines mediation as follows:

“Family mediation is defined as a co-operative, problem-solving process, in which a qualified and impartial third party neutral, the mediator, assists mediation participants to resolve their disputes by mutual agreement. The resolution is to be voluntary and based upon sufficient information and advice for each person involved in the dispute.”

The purpose and goal of mediation come hand in hand. The purpose of the mechanism is to help the parties understand the harsh realities about their situation, listen to the interests of their spouse, and meet in the middle. Thus, the goal is ultimately to get both parties to agree on terms and save them their time and expense bringing one another to court.

As is stated in Family Mediation Canada’s Code of Professional Conduct, the essential goals of the process are as follows:

• The goal of family mediation is a fair and workable agreement that meets the participants’ mutual needs and interests (not a settlement at all costs);

• The primary responsibility for the resolution of the dispute rests with the participants. At no time should the mediator coerce participants into an agreement;

• The mediator’s role is that of a facilitator (i.e. to assist the participants to reach an informed and voluntary agreement that meets their mutual needs, interests, and concerns, along with those of others affected by the dispute); and,

• The mediator has a responsibility to promote the participants’ awareness of the interests of others affected by the dispute and by the proposed agreement and to assist them in considering the separate and individual needs of such other persons.

To learn more about mediation in Ontario as well as the services provided by Krol & Krol, call 905.707.3370 today.