Mediation had 3 key components: Pre-mediation (get set up and pre-mediation meetings), Mediation (information gathering and attend mediation), Documentation (separation agreement if agreement reached).
1. Get set up
Both parties confirm they wish to attend mediation. Michelle cannot act as a mediator if either party has received advice from her separately before. This is a joint process, and the mediator is a neutral third party, who takes no sides. A Client Portal will be set up to facilitate the process and information sharing.
2. Pre-mediation meetings (separately)
Each person will meet with Michelle alone to allow her to understand the issues and dynamics, to screen to ensure the process is suitable for you, and to discuss anything that might be helpful in encouraging a successful process. **Cost separate**
3. Information gathering
In order to have meaningful discussions and reach an agreement, parties must provide all relevant information. Working with you, Michelle will determine the scope and scale of disclosure required, and you will provide those materials through the Client Portal. She may ask each party to complete a sworn financial statement setting out all property and debts prior to the mediation. Without adequate disclosure a Separation Agreement may not be upheld by a court, and it is therefore an essential component of achieving a final agreement.
4. Attend mediation
Remote mediation will take place through Zoom, or over the phone, depending on preference and availability, unless otherwise arranged (in-person mediation only available by special arrangement) . Michelle will facilitate productive respectful discussions in a methodical manner to resolve your outstanding family law issues. Throughout, she will provide perspectives on the law and legal information so you have a common understanding of each parties’ rights and responsibilities under the law to ensure you are able to negotiate reasonable agreements for yourselves. As the mediator, Michelle does not provide independent legal advice to either party. If no agreement is reached, you will be provided a document outlining the tentative agreements, issues outstanding and next steps.
Depending on the scope of issues, whether parenting, financial/ property, or both, most family law matters can be resolved in 1-2 sessions of focussed mediation. Having the mediation broken into sessions also affords the parties the opportunity for thoughtful consideration and additional information gathering to promote informed resolution.
The parties may attend on their own, or with legal counsel. If the parties opt to attend on their own, time and space can be made in the process for them to reach out to their legal counsel for advice as needed.
5. Separation Agreement
If you reach agreement in mediation, Michelle will draft a legal Separation Agreement for you based on those terms. Only a lawyer can draft a legal binding separation agreement. That agreement will be in legal but plain-language so both you and the courts will understand it. The Separation Agreement will be binding like a court order if filed in the court. Michelle always recommends that both clients seek Independent Legal Advice prior to signing. **Cost separate**
NOTE: Payment will be required prior to the commencement of each Component, and held in Trust until completion of that step.