When you’re in the process of separation or divorce, there are a lot of critical decisions that need to be made. For example, where will the children live? Who gets the house? How will other marital property be divided? If you can’t agree on something, do you have to go to court?
Not necessarily. With Toronto family law mediation, you can work with a neutral mediator to find solutions that work for your family. The process empowers you to make the best decisions for your future and the outcome often includes a healthy and respectful co-parenting relationship.
At Galbraith Family Law, we know that litigation is sometimes necessary, but only as a last resort. Mediation represents a more efficient and cost-effective option for resolving family law disputes. It is also a confidential and non-adversarial process that focuses on your needs and interests. If you are considering mediation or have questions, call 647-370-8965 to speak to a Toronto divorce lawyer.
Why Choose Galbraith Family Law for Your Toronto Family Law Mediation?
At Galbraith Family Law, our legal team includes accredited and experienced mediators who want to help you move through your situation and progress to the next stage in your life. Many of us, including founder Brian Galbraith (a founder of the Mediation Centre of Simcoe County), has been through a divorce, understand what you’re going through, and want to make it easier.
As mediators, we don’t take sides or tell you how to settle your case. Instead, we help you resolve any disagreements through a confidential settlement process. Using an interest-based approach to conflict resolution, we assist all sides in reaching an accord.
We know court proceedings can be difficult, especially when children are involved. That’s why we strive to overcome obstacles without resorting to stressful and expensive litigation. You and your family deserve a fresh start that does not include the aftermath of a bitter and protracted court battle.
The Toronto Family Law Mediation Process- an Overview
Mediation begins with both you and your spouse/partner agreeing to participate. If you decide to try it, our intake team will arrange for each of you to meet with your mediator and receive an overview of the process.
After your mediator is retained, you will receive an "Our Family in Two Homes" resource package for each of you to complete privately - at your own pace. In addition to providing you with an overview of the law, it contains exercises that help you better understand your communication and conflict challenges as well as your shared values.
Before Mediation Begins
You will meet separately with your mediator for 60 - 90 minutes to discuss your needs and concerns, ask questions about the mediation process, and prepare for the joint mediation session. You will also talk about gathering and organizing the financial information needed for your sessions.
During Mediation
In your first joint mediation session, which usually lasts two hours, you will begin working together to resolve your issues and challenges. By the end of this session, you will both be better informed and we can reasonably predict how much additional mediation time you will require.
In most cases, separating couples need between two and four joint mediation sessions. However, the length of time will depend on how well you communicate, gather information, and manage conflict.
After Mediation
Once an agreement has been reached in principle, your mediator will create a Mediation Report that outlines their understanding of the terms of the agreement. To protect your rights, each of you will consult an independent lawyer after receiving the report. One of the lawyers will then draft a separation agreement based on the contents. Upon signing by both parties, this contract becomes legally binding and can be enforced by a court if any of its terms are violated.
It is important to note that mediation is not suitable for all situations. In cases of domestic violence, power imbalances, or when one party is unwilling to participate in the process, it may not be appropriate. A Toronto family lawyer can help you determine if mediation is viable for your situation.
The Benefits of Toronto Family Law Mediation
Mediation provides participants with a safe and welcoming environment for examining their respective interests. Working with a neutral mediator will also save you time, money, and energy as you strive for a solution that is in the best interests of your entire family.
Here are some additional benefits:
- Cost-Effectiveness: Mediation is generally less expensive than going to court, as it involves fewer legal fees and takes less time.
- Flexibility: The parties have more control over the outcome of their case. The mediator does not make decisions for them; instead, they help both sides reach a mutually agreeable solution.
- Confidentiality: Mediation is a confidential process, and discussions are private. This allows the parties to have more open and honest interactions without fear of what they say being used against them in court.
- Preservation of Relationships: Mediating a dispute can help preserve relationships between the parties, particularly if they must continue co-parenting their children after the divorce.
- Reduced Stress: Mediation is generally less adversarial and confrontational than going to court, which can reduce stress and emotional trauma for the parties involved.
If you and your spouse disagree on any aspect of your divorce, mediation allows you to come up with a solution that is tailored to your specific needs and circumstances, rather than having a judge who doesn’t know your family impose a one-size-fits-all solution.
FAQs
What If We Can’t Resolve Our Issues Through Family Law Mediation?
While mediation is often successful, there are better solutions for some couples. If you can’t reach an agreement through mediation, you can explore other options to determine the best path forward. These options include:
- Arbitration: This is a process where you and your spouse agree to have a neutral third-party arbitrator make a binding decision on your family law issues. The arbitration process is similar to a trial in court, but it is private and you have more control over the process.
- Litigation: Family law litigation involves filing a claim or application with the court. You each present evidence and arguments to a judge who rules on the issues in dispute. Both of you are typically represented by counsel. For example, if you request alimony and your spouse doesn’t want to pay, a spousal support lawyer in Toronto can advocate for you in court.
What is Open vs. Closed Family Law Mediation?
In Ontario, family law mediation can be either open or closed, depending on the preferences of the parties involved.
Open mediation means that you are free to discuss the issues that arise during mediation with anyone you choose. While this arrangement allows for more transparency and may provide a greater sense of support and understanding from friends and family, anything you discuss can be disclosed if mediation fails and you’re forced to arbitrate or litigate.
Closed mediation, on the other hand, means that everyone agrees to keep the proceedings confidential. Closed mediation is typically preferred in family law matters, especially when parties want to keep the details of their dispute private or are concerned about the information being used against them in court.
Questions? Speak to a Toronto Family Law Mediator
If you're experiencing a dispute during your separation or divorce negotiations, mediation can be a faster, more cost-effective, and less adversarial way to resolve disputes than traditional litigation. The Toronto family law mediators at Galbraith Family Law can facilitate discussions between you and your spouse and guide you toward a mutually acceptable solution that meets everyone's needs.
Whether your matter involves child custody, support, or property division, we are committed to helping you find the best solution for you and your family. To learn more about Toronto family law mediation and what it can do for you, please call 647-370-8965 or contact us online. We also serve clients in and around Barrie, Newmarket, Oakville, and North York.
