WHAT IS MEDIATION? WHAT DOES A MEDIATOR DO?

Mediation is used to come to a peaceful resolution with another party through the whole process of a separation, from start to finish.

The mediator acts an as “independent” and will work with you to find solutions that best fit all parties’ needs. As a neutral third-party process, mediation creates a safe and confidential environment that encourages negotiation, ideas and solutions.

WHEN CAN PEOPLE TURN TO MEDIATION?

Mediation can be used at many stages through a separation, divorce or relationship breakdown—whether, before, during or after.

Mediation is most commonly used for the separation process. For more information about the mediation process visit https://claritydivorce.com/what-is-the-clarity-approach/.

WHAT DOES MEDIATION “LOOK” LIKE?

At Clarity, you both attend a mediation session, where the mediator (a neutral party) will discuss all aspects of your separation. The mediator will help you both in negotiating the terms of your separation, including (but not limited to):

  • Custody and access
  • Child support
  • Spousal support
  • Division of assets and debts, household items, pension etc.

The mediator will help you both with building an agreement outlining how your separation will proceed, including future decisions. Once everything has been negotiated and agreed upon, the mediator will draft up an agreement. You will both have the opportunity to review the agreement and make changes before signing.

At Clarity, mediation can also be used for parent-child conflicts—for example, if your child or teen is having difficulty dealing with their family situation and needs a third party to help explain their perspective.

WHAT IS A SEPARATION AGREEMENT?

A separation agreement sets out in a legal document many important decisions regarding division of assets, division of debts, child support, and spousal support.

CAN’T WE JUST WRITE OUR OWN SEPARATION AGREEMENT?

You can; however, we very strongly encourage you to involve a professional in the writing of your agreement. Here’s why:

A separation agreement is the single-most important document of the entire separation process. This is the document you will need to follow for the next several years of your life. Therefore, it is important that you both know your rights and what you are entitled to.

Even if you and your spouse are on the same page now, things may change—and you don’t want to end up in a very messy situation later on.

Also, if you do your own agreement, it is not legally binding in court. This may cause several issues for you when trying to divide assets, as not all parties accept self-written agreements (like mortgage brokers and banks etc.).

As such, we very strongly encourage you to involve a professional in the writing of your agreement.

IS MEDIATION GENERALLY SUCCESSFUL?

Yes, in a vast majority of cases, the mediation process does result in the drafting of a mediated separation agreement. While the mediation may take 2-3 sessions, the process carefully moves our clients to a place of “yes”: a scenario where they feel they were heard and that their needs and interests were effectively managed.

WHAT IF I WANT TO SKIP MEDIATION, AND GO STRAIGHT TO HIRING A LAWYER?

We recommend mediation first. It is less expensive, and the process is less time-consuming and less adversarial. Plus, you may be able to find a solution through a mediator, without involving a lawyer at all.

EVEN IF WE USE MEDIATORS, DO WE STILL NEED TO HIRE LAWYERS?

You do not need to hire lawyers; however, you may choose to have your agreement reviewed by a lawyer. We can advise you of your options, based on your unique situation.

CAN WE USE A MEDIATOR TO HELP WITH OUR DIVORCE?

You certainly can. Simply put, a divorce is just paperwork; a lawyer is not necessary for getting a divorce. One of our Clarity professionals can write up the documents on your behalf.

IS MEDIATION EXPENSIVE?

Mediation provides an economically feasible alternative to retaining legal representation.

Also, if you have retained lawyers, but feel they are representing your case inadequately, mediation is a highly sought-after alternative.

If you are unsure if mediation is for you, or for more information contact us here https://claritydivorce.com/