"Changing the Direction of our Divorce Culture"

Families In Transition Mediation Services
'Mediate Don't Litigate' A Guide to Mediation

What to Expect in Mediation

Mediation is a process by which an impartial third party helps the parties to a reach a mutual agreement. In divorce mediation, the end result will be a Separation Agreement which will be filed with the Court, as in any divorce, and enable the couple to file for dissolution.

Our Role as Mediator

The mediator's role is as a neutral third party who will enable the couple to mutually identify and resolve all the issues involved with separation and divorce.

Basic & beginning questions for the first session

1. What is your objective here today? Is Reconciliation possible?
2. Who initiated the decision to separate? When?
3. How did the other partner respond? Are you separated now?
4. What would you like to get out of the mediation? What are the pertinent circumstances to be addressed? How do you want your future to be?
5. Is there anything of an emergency, or of the nature that saying within the company of your soon to be ex, is too sensitive or private? Caucus, (privately).

The Process

In general, we will deal with the following issues:

• Any Immediate psychological concerns.
• Caucus (private conversations with the mediator).
• Parenting/custodial arrangements and plans
• Financial assistance – Spousal/Child support spousal (if applicable).
• Equitable distribution – House, possessions, shares etc.

The couple will need to bring in the following information:

• Net worth statement/plan of actions to take.
• Budget for each for the coming year
• Income from previous year(s).

Grounds for Divorce

1. Cruel and inhuman treatment
2. Abandonment for more than one year
3. Imprisonment for more than three years
4. Adultery
5. Living apart for more than one year pursuant to a separation agreement, decree or judgment of separation.

Ground Rules

1. Treat each other with dignity & respect when together. This should continue post divorce for the benefit of children.
2. Each spouse should do what is expected of them in terms of providing required information, full disclosure, honesty and integrity.
3. Responsible notice of any changes or cancellation of appointments.
4. Maintain ownership of the agreement you’ve created.

Confidentiality

A mediation agreement has a confidentiality segment (clause), and parties must agree that all communications with the mediator will remain confidential. The couple agrees that the mediator or any consultant used will not be called to testify in Court as to any aspect of the mediation. The sessions must remain confidential to enable the mediator to remain impartial and to encourage the parties to speak freely.