How can I use mediation to resolve the issues arising from my separation?

There are several methods of resolving the issues arising from the separation from your partner through mediation.  Firstly, you and your partner can retain a mediator to facilitate a resolution of the issues.  It is important to note that the mediator will not act as the divorce lawyers for you or your partner.   If the Mediator is using an evaluative form of mediation, he/she may advise what he/she thinks that a judge will do, but the Mediator will not give you legal advice.  The Mediator will insist that once there is a final resolution on all of the issues and the terms are incorporated into an Agreement, that each party obtain “independent legal advice” to confirm that each party acknowledges their rights and obligations under the Agreement and that they are signing the Agreement voluntarily.   Secondly, it is also possible for each party to have his/her lawyer during the mediation and the mediator will act as a neutral third party to try to facilitate a resolution of the issues.  If an Agreement is reached, the parties each review the Agreement with their own lawyer.   This process is helpful when the parties each have lawyers and require a third experienced party to try to assist them in bridging their differences and thinking of creative solutions to address the interests of both parties.

Going through a divorce can be a traumatic experience. Going through the legal system without a team of qualified family lawyers can be even more stressful. If you need a divorce lawyer in Toronto or the surrounding area, please give us a call.