Mediation

Family law disputes are often emotionally and financially challenging for everyone involved. Separation, divorce, child-related issues, support, and property division are amongst many issues that may cause conflict. Going to Court is one option to navigate these issues, but can often intensify and draw out the process. Mediation offers an alternate approach.

Mediation is voluntary and relies on a neutral but informed 3rd party (the mediator) to support parties in reaching their own mutually acceptable resolutions. Mediation empowers parties to make their own decisions.

Process

The first step in designing a tailored mediation plan is to gather information and conduct a "getting to know you" meeting with each party separately. The mediator then proposes a plan for one or more mediation sessions until the parties reach agreement, or until it is clear that mediation is not achieving its purpose. The process is generally quicker and more cost-efficient than litigation.

Benefits

Control: Mediation keeps the decision-making in the hands of the parties, allowing for tailored outcomes that best serve their specific interests.

Confidentiality: Mediation is private. The information shared as part of the process will not become part of the public record, unlike in litigation.

Cost-Effectiveness: Court involves numerous mandatory steps, which rely on the availability of court dates, updated paperwork, and the often ineffective back and forth between counsel and client. This can lead to protracted timelines and legal fees. With meaningful participation and the provision of the relevant documents and information, mediation can achieve faster resolutions with less costs.

Preservation of Relationships: A mediator facilitates communication between parties and is often able to help shed light on the issues preventing resolution and fueling conflict. Where family members are involved, whether in new relationships or changing relationships, the assistance of a neutral third party can minimize damage and establish a framework for communication moving forward.

Tailored Outcomes: Parties can be flexible and creative in reaching resolutions. This is not generally the case in traditional litigation.

Why a lawyer-mediator?

We combine legal experience with mediation skills to provide informed mediation services. One main goal of mediation is to reach consensus on one or more issues that can be formalized in a written domestic contract (Separation Agreement, Cohabitation Agreement, Parenting or Support Agreement, amongst others). Each party should obtain Independent Legal Advice (ILA) on the Final Agreement prior to signing. A Mediation Report alone is not binding.

Non-lawyer mediators are not permitted to prepare draft Agreements and do not always have an extensive background in the law. Although mediators cannot give legal advice, lawyer-mediators can ensure that the parties are informed about relevant issues that require their attention. This is especially important to avoid an oft occurring problem: The discovery of new issues when parties bring their Mediation Report to their respective lawyers for ILA and the drafting of a formal Agreement.

Why? Because lawyers are strictly governed by the Law Society of Ontario (LSO). Lawyers are obligated to explore and clarify all legally relevant considerations as part of providing ILA. So, if the parties reach an agreement on many issues, but failed to discuss or agree on other issues, the entire agreement may be jeopardized.

At Millward Family Law & Mediation, we ensure that all relevant issues are addressed as part of mediation so parties do not face unexpected hurdles when conferring with their independent counsel. Absent such a comprehensive approach, mediation can lead to extra time and costs.

Domestic Violence and Power Imbalances

Some believe that mediation is not viable where domestic violence or power imbalances are at play. While this may be true, we are skilled at screening for such issues and exploring approaches that can ensure the mental, emotional and physical safety of everyone involved.