Once you call us, you will speak with our Intake Clerks. They can answer any of your questions about mediation and also will assess your situation and assist you in deciding to go further.   Both parties have to agree to mediation.  If you are not certain whether the other party would be interested, we will send them a letter and tell them about our services and ask on your behalf.

Once both parties confirm their willingness to proceed, a mediator is assisgned within three (3) days and the Intake Coordinator will mail a letter to each party with their individual free intake appointment of approximately one hour each as well as their tenatively scheduled first joint session. 

The first, intake, appointment is private and confidential.  You each have your own intake session.  If both of you agree and are suitable for mediation, you will proceed with your tenatively scheduled mediation session.

There is no cost for your intake appointment.

Intake Appointment

The mediator’s job in this individual intake session is to understand your issues, your concerns, potentially your thoughts about solutions.  They will ask you a lot of questions to help understand these points.  The mediator will screen your file to ensure there is no power imbalance that would mean the process would not be fair. If you appear to need some legal advice at this stage they may help you arrange that for you.  Generally they will ask about some of the history so they fully understand your situation.

The mediator will tell you what to bring to your first Mediation session, including proof of income and any other important documents. We will need reliable financial disclosure to mediate support and property issues and your mediator will explain this to you.

Once each party has completed their intake, the matter can be scheduled for mediation.

Mediation Session

Generally mediations take place in the same room, but sometimes mediators may separate you into two rooms. We have some tips on how to prepare for mediation and how to act during mediation.

The parties and the mediator will sign the Agreement to Mediate.  You may wish to review this Agreement prior to your session.

You will sit and discuss the issues with your mediator.  The mediator will guide the "process", for example directing you to take turns, listen to each other carefully ot not interupt. The mediator will encourage the two of you to come up with solutions and help you to come up with options if you get stuck.  Some people describe mediation as "issue" based, rather than "rights" based.  For this reason mediated agreements can include agreements on things that a court may not get involved with.  You can be creative.

 Some mediations complete in one session, but others may take a few more.  The mediator may give you some ‘homework’, or time to think about options, or receive legal advice after the first session. Each situation is different.

 When the mediation is complete, the mediator will prepare and sign your Mediation Report indicating in detail what you both agreed to in mediation.  If you want a legally binding agreement, a lawyer would put it into minutes of settlement if you are in the court system or prepare a legal separation agreement if you are not.  Your mediator will explain these options more fully to you.

QUESTIONS AND ANSWERS

What happens to my Court matter?

If a court action has already been started it can be postponed until you first try to resolve your issues through mediation.  Local Justices are aware of this mediation program and always encourage parties to resolve their matters on their own.

If we settle, can we still obtain a Court Order?

There are several ways that your settlement can be turned into a Court Order. If you have a lawyer assisting you currently, they will prepare the final documents. You may be eligible for assistance from Ontario Legal Aid Duty Counsel.  If not, we have identified a panel of lawyers that will assist you for a small fee.

You should obtain legal advice in some manner in order to prepare the Minutes of Settlement or Separation Agreement to finish your agreement.

What documents are signed?

When you meet with your Mediator, you and the opposing party will sign an Agreement to Mediatethat explains the process. 

Your contract will specify whether you are doing closed or open mediation.  Open mediation is rare, and you can ask your mediator for more information about the differences between open and closed mediations.  We generally provide closed mediation off-site, and our on-site is always closed.  This means that we only report on the mediation when you resolve your issues, and we only report what that resolution is - we do not comment on any other aspect of your situation.

Is this confidential?

Yes, your mediation process is confidential.

 

How long does it take? 

Your mediation will depend on many factors, such as:

• Number of issues to be mediated
• Nature of issues mediated: emotionality, and complexity
• Amount of conflict between parties
• Degree of communication & co-operation between parties
• Whether the children and/or others are to be involved

However, it is estimated that it will take between 4 to 8 hours to complete.

S'il vous plaît nous aviser si vous avez besoin des services de médiation en français.