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OUR FAMILY MEDIATION SERVICES - further detail

Our Mediation Services include:

  1. Pre-Mediation Screening for Power Imbalance

Not every case is suitable for Family Mediation. Screening for power imbalance ensures, to the greatest extent possible, that those participating in the dialogue and negotiations come to the table voluntarily, without pressure or threats. AJ has the required training to complete this vital pre-mediation screening.

4. Confirming progress and keeping track of to-be-completed tasks

One of the keys to making Family Mediation effective is keeping it organized, and tracking both progress and issues to be further considered, including in advance of the next session. AJ prepares progress memos along the way, after each session, so the parties are aware of the progress they are making and are able to prepare, as effectively as possible, for sessions that follow.

3. Online dialogue and negotiations

Sometimes, mediation dialogue is most effective when the parties and the mediator are on the screen, and part of the dialogue, at the same time. There are cases in which that approach is not helpful, at least to begin with. AJ has extensive experience navigating direct discussions but she is also able to conduct negotiations by “shuttle diplomacy”, meaning without the parties actually facing one another. She is able to do this with the assistance of virtual breakout rooms.

5. Memorandum of Understanding

All agreements reached in principle are confirmed by a Memorandum of Understanding prepared by AJ. If the parties are represented by lawyers but attending the mediation sessions on their own, the Memorandum assists the parties in confirming their understanding of agreements made, subject to their lawyers’ advice, and also assists the lawyers in providing that advice.

3. One-on-One “Caucus” Meetings

 In appropriate situations, AJ conducts one-on-one, confidential discussions with each of the parties. These are designed to assist her in understanding the root of the dispute. These caucus meetings are also an opportunity for each of the parties to share with AJ what is important to them - not only their positions but also their interests.

6. Separation Agreement

In appropriate situations, AJ is able to prepare a draft Separation Agreement for the parties, based on the terms they have reached in principle. In Ontario, only lawyers can prepare such agreements, and this includes mediators who are also lawyers. This appraoch is a cost-effective because the parties share the cost of the drafting, and bear their own costs only to receive independent legal advice on the draft, once prepared.

Potential Issues for Family Mediation

  • PARENTING

    AJ has experience mediating all issues related to parenting. This includes decision-making responsibility (formerly called “custody”) and parenting time (formerly called “residence” or “access”).

    Some parents come to family mediation to address a specific parenting issue. Others works with AJ to arrive at a comprehensive Parenting Plan that will serve as a current and future roadmap on all parenting issues.

  • CHILD SUPPORT

    This is a commonly-addressed issue in family mediation. AJ has extensive experience in this area. This includes table child support, section 7 expenses, support for children with special needs and for children over the age of 18. University and college costs, use of RESPs, payments directly or through the Family Responsiblility Office, co-op programs, summer jobs, issues related to complex income structures and unusual sources of income - all of these issues can be addressed in mediation.

  • SPOUSAL SUPPORT

    Spousal support is a commonly-mediated area of family law. AJ has extensive experience with all related issues, including entitlement, length of payments (duration) and amount of payments (quantum). She mediates for both married and common-law spouses, in relationships of both short and long-term duration. Common topics include periodic and lump sum payments, termination, tax issues related to spousal support, impact of cohabitation, relationship between child and spousal support, recipient’s employment, duty to self-support, and changes in circumstances.

  • MATRIMONIAL HOME and FAMILY RESIDENCE

    All issues related to the Matrimonial Home (for married couples) and Family Residence (for common-law couples) can be addressed in the context of family mediation. This includes its sale or buy-out by one of the parties. Other issues for mediation in this area include possessory rights (for married couples), costs pending sale, disbursement of proceeds on sale, contents division, renovations and upgrades required for listing, all aspects of the mechanics of sale or buy-out, and valuation issues.

  • PROPERTY & DEBTS

    It is possible to mediate all property and debt issues at the end of a relationship - for both married and common-law spouses. AJ has experience in this area and can help parties with discussions around equalization (for married couples), joint family venture and trust issues (for common-law couples) and post-separation accounting, for example. Other issues in this area include pensions, business valuations, RSUs, RRSPs, cottages, business valuations, gifts, inheritances and property brought into the relationship.

  • CHANGES and VARIATIONS

    Our lives are not static, and changes do take place over time. Sometimes an agreement or an order needs to be revisited - that, too, can be addressed in the context of family mediation. For example, as children grow, their needs change. That can impact parenting arrangements and/or child support. There are many other examples of situations that require a fresh look at earlier terms - clauses in agreements or court orders that call for a review or the potential of a change in the event of a material (or catastrophic) change in circumstances. All these can be addressed in family mediation.

OUR FAMILY MEDIATION COACHING SERVICES

 
 
 

If you have decided to attend family mediation on your own, without a lawyer at your side, you might benefit from some coaching - from someone with experience in both family mediation and family law. As your coach, AJ would be neither your lawyer nor your mediator but she would share with you her experience with negotiations and bargaining, and perhaps some strategy.