The objective of mediation is to arrive at a mutually acceptable agreement that each party can review with independent legal counsel who will ensure the terms are fair according to the law in Ontario.
Mediation is a meeting around a table with the two parties and the mediator. The mediator acts as chairperson for the meetings by isolating the issues in dispute and marshaling information to reach a viable solution. A mediator can also help the parties to cope with the realities of their post-marital world.
Throughout the mediation process, each party is invited to perform a direct and meaningful role in negotiating a final settlement of their affairs. This controlled and reasonable atmosphere encourages both parties to provide input into the difficult decisions that surround custody, access and support to children, and dividing the assets and debts. Mediation is a viable and cost-effective method to resolve a marital impasse.
Mediation is more often than not the most cost effective way to reach an agreement. In most cases, in order to be successful, the parties to mediation should be on reasonably good terms and capable of working together to find common ground. Mediation is difficult to provide where the parties are of unequal bargaining power, there are control issues between the parties or there is a history of abuse or violence.
Again, the cost mediation services will vary according to the factors listed above. However, due to the fact there is one primary mediator and each party’s legal counsel are providing advice on an “as needed” basis, the costs are more modest.
Gerald Yemensky, Karla Policelli and J. Alison Campbell currently provide mediation services with CCY Family Law.