1. Intake: Mediation starts with an intake session with each person individually, so that the mediator can learn the issues and priorities, explain the mediation process, review the terms of the Agreement to Mediate, and confirm that mediation is an appropriate process for your matter.
2. Agreement to Mediate: Mediation is a negotiation process facilitated by a neutral third party. It is a confidential, voluntary process, and the outcome is determined by the parties yourselves. Both parties review and agree to the process and sign an Agreement to Mediate, which functions as your contract with each other and the mediator.
3. Joint session: the mediator will schedule a joint session with an agenda based on the issues identified. Sometimes people wish to take a break to caucus or use shuttle sessions, which means the mediator meets each individually and relays proposals from one to the other.
4. Time: the amount of time mediation takes to reach agreement will depend on both parties. This is the business of dissolving your marriage or common-law relationship and it usually involves multiple sessions.
5. Disclosure: both parties should be prepared to share full disclosure of documents that will help resolve the issues, for example financial documents are usually required to help resolve issues of support and division of property.
6. Mediation Summary Report: the mediator will draft and shares a record of agreements you reach on each issue. You may also have some homework to do between each mediation session, such as collecting documents or information. The Mediation Summary Report is a confidential, without prejudice document to track progress. This means it is not to be used in any court proceedings.
7. Independent Legal Advice: the mediator’s role is as a neutral party who facilitates negotiation. the mediator will provide legal information. It is recommended that both parties obtain Independent Legal Advice (ILA) before signing a final agreement. The mediator may recommend that you obtain legal advice or a legal opinion on your position on the legal issues, early or during the mediation process.
8. Final Agreement: you may reach afinal agreement on all or on some of the issues identified. The mediator will draft the terms of the Final Agreement. You are both advised to consult lawyers on the draft Final Agreement, to obtain Independent Legal Advice to confirm the agreement is fair to you.
9. Fee: The fee for mediation services will vary based on the experience and qualifications of the mediator. The invoice is generally split equally between both parties.