Positive Solutions Divorce Services® | Guelph

General information

WHAT IS FAMILY MEDIATION?
Mediation is an alternative process that separating couples may use to resolve their differences. In mediation, the couple themselves negotiate their separation agreement with the help of a trained mediator rather than their legal counsel negotiating for them.

Mediation is not marriage counseling or therapy that tries to get the parties back together. Mediation is also not an alternative to the legal system but works within it. Lawyers are still needed to give advice and to review the Separation Agreement.

In mediation, the spouses meet together with an independent mediator to draft a Separation Agreement. The mediator first ensures that all relevant facts are obtained and disclosed. Next, the unresolved issues are discussed with the couple deciding objective criteria to resolve those concerns.

The mediator and the couple then proceed to create different options to resolve the issues and work out the consequences of those options. The parties then, with the help of the mediator, negotiate properly and fairly to come to an agreement. If an agreement cannot be reached, then the parties are free to try to settle the matter through their lawyers or let the court decide for them. The mediator does not dictate the agreement if the parties are unable to do so.

*********************************************************