MEDIATION

Mediation is a cooperative, problem-solving process that allows people to negotiate with the assistance of a third party, the mediator. The mediator's role is to be a neutral, and to facilitate the negotiations between the two partners.

As a lawyer mediator, I will not give either partner independent legal advice, and it is up to each of you to consult a lawyer to obtain independent legal advice. I do provide legal information, and this information can be used to help construct an agreement that meets both parties' needs and takes into account the legal framework of family law. Once you have reached an agreement in mediation, I will draft the agreement. You will then each take it to an independent lawyer for advice.

Mediation may be a good process for you if you are confident that, with the help of a neutral, you and your spouse can sit in the same room and negotiate together. Although most of my mediations are done with the couples without their lawyers present, I sometimes provide mediations with the lawyers for each party present. It is up to you how you wish to structure the mediation – either on your own or with your lawyer present.

It is important that each spouse is willing to make full disclosure of all assets, liabilities and income during the mediation process. If you have grave concerns about your spouses willingness to disclose all necessary information, and you do not know what the family assets are, this option may not be appropriate for you. It is important that both partners are willing to negotiate in good faith. Once an agreement is reached it is drafted into a separate agreement which is binding once it is signed by both parties. Also, it is extremely important that both parties feel safe during the negotiations. For this reason, if you have a history of violence or abuse in your relationship, mediation may not be a good option.