Years of Experience
Resolving Family Disputes Peacefully
Mediation is an alternative to family court. Susan Berry is a qualified family mediator who can assist both parties in a family dispute in reaching a resolution with less conflict, outside the traditional adversarial system.
All issues arising from a separation or divorce can be resolved through mediation, and mediation can be used to reach both temporary and final agreements.
Issues Addressed Through Mediation
Some of the issues that can be addressed in mediation include:
What is a Mediator?
A family mediator is a neutral professional who explores the options available to resolve the parenting, support, and property issues arising from separation and divorce. There are several ways to participate in mediation—with or without lawyers, and through either open or closed mediation.
Most people choose a closed process and begin without lawyers, later having a lawyer review the agreements reached through mediation. In some cases, individuals who already have lawyers are unable to negotiate a settlement, and mediation is recommended before taking further steps in court.
The Mediation Process
Mediation follows a straightforward process. First, both individuals involved in the dispute (and their lawyers, if applicable) must agree to mediation. The mediator then conducts a separate intake session with each person to assess for domestic violence, understand the background of the issues, and determine whether a mediated resolution is possible.
If there is no possibility of compromise, mediation may not be the appropriate forum for the family. If settlement appears possible and there are no power imbalances that could lead to an unfair outcome, mediation proceeds.
Open and Closed Mediation
An open mediation process means that discussions and information shared during mediation may be relied upon if no settlement is reached and the dispute proceeds to family court or arbitration.
A closed mediation process means that only the MOU or Minutes of Settlement may be relied upon after mediation concludes. If no agreement is reached, the mediator will simply provide a report stating that mediation was unsuccessful.
In a closed mediation process, the mediator cannot be called as a witness at a future trial. Most mediations are closed because they allow parties to discuss issues and evidence more freely, often increasing the likelihood of settlement.
Learn More About Family Mediation
If you are interested in the family mediation process, either as family law counsel or as an individual, contact charles@berryfamilylaw.ca for more information.
Frequently Asked Questions
Mediation and litigation each have different features, and which is more suitable depends on the circumstances, the relationship between the parties, and the issues involved. Mediation is often less formal and can allow parties more control over the outcome, while court provides a binding decision from a judge. Discussing your circumstances with a legal professional can help you weigh the considerations.
Not necessarily, as many disputes are resolved through negotiation, mediation, or other forms of dispute resolution before reaching a courtroom. Whether court becomes necessary often depends on the nature of the disagreement and whether the parties can reach an agreement on their own. A lawyer can help you understand the options that may apply to your particular situation.
The length of the matter depends on many factors, including its complexity, the cooperation of the parties, and court availability. Some disputes resolve in a matter of months, while others can take considerably longer. A consultation can give you a clearer sense of what to expect in your circumstances.