What is Mediation?
Mediation is a process led by a highly qualified, experienced and impartial professional who will help you and your ex-partner come to agreements on all aspects of your separation.
Your mediator’s role is to facilitate conversation, explain the laws surrounding your separation, and draft documents outlining the terms agreed upon by both parties. You leave the process with a legally binding separation agreement and parenting plan if needed.
Why choose Mediators to help draft your Separation Agreement?
Mediation is much less expensive, less time consuming, and less hostile than family court/litigation. It keeps you focused on positive outcomes and common goals for the longer term, which is especially beneficial when it relates to children.
With our knowledge in family law and our specialization in conflict resolution, we can assist you with dividing assets, collaborating to agree upon terms, creating co-parenting plans, and ultimately, helping you find the middle ground.
What is a Separation Agreement?
A Separation Agreement is a contract between you and your ex-partner that clearly details the settlement of issues relating to your separation.
A Separation Agreement typically outlines terms regarding:
- Property Division
- Parenting time and decision making responsibility for the children
- Child Support
- Spousal Support
- Dispute Resoltion
- Life Insurance
- Medical and Dental Benefits etc.
Drafting your Separation Agreement is an administrative task and by doing so does not mean we are implying that we are lawyers and providing any legal advice. We strongly encourage any persons who are going through mediation to receive independent legal advice from a family law lawyer.
How Much Does Mediation Cost?
Our prices range from $1,750 to $3,299 per person, depending on the complexity of the situation. Learn more about how we determine our prices here
What is Financial Disclosure?
Financial disclosure is a broad term that is used to describe the process of providing access to all of one’s financial information. During a separation, one must provide their mediator and partner with all information regarding their assets and debts as of their “Date of Separation” (e.g. a bank statement or Visa statement showing the account balance as of the date of separation).
What is a Date of Separation?
The “Date of Separation” is the exact day that you and your partner separate.
This date is important because:
- You can file for a divorce a year after the date of separation
- It is the date upon which you will value and divide all property
Can I Force My Spouse to Attend Mediation?
Mediation is a voluntary process, meaning that both parties must provide their full consent to participate.
How Do Lawyers Fit into the Process?
Mediators are here to facilitate conversations, explain the laws surrounding your separation, and draft Separation Agreements for you. Due to the fact that we are neutral third parties and not lawyers, we cannot provide legal counsel at any point during the mediation. We strongly recommend seeking independent legal advice throughout the process.
Is a Separation Agreement legally binding?
A Separation Agreement is a legally binding contract once it is signed and dated by both parties in front of a witness, who then signs and dates it as well.
How do I help to make sure my Separation Agreement is valid?
There is a lot fo energy and time put into creating a Separation Agreement and it is important to ensure it will be upheld if you were ever in a court setting.
A few important characteristics of helping to ensure your agreement is valid are:
- Full financial disclosure was presented to both parties
- Both parties understood the terms within the Agreement
- The Agreement was signed without duress
- The terms in the Agreement are clear
Why do I need a Separation Agreement?
A Separation Agreement can settle all issues relating to your separation, for couples who are both married and common law.
It is important to have this legally binding contract to fall back on if a dispute were to arise in the future. It is best to pend the time and energy now so that there is a clear understanding of what you are responsible for going forward.
A Separation Agreement outlines the roles and responisbilities of each party regarding:
- Child custody and child support
- Parenting Schedules
- Division of property
- Spousal Support