A separation agreement is a legal contract between a couple. It’s a written record of how a couple has settled issues related to their separation. You don’t need a separation agreement to separate. Making a separation agreement is usually a faster and less expensive way to settle issues than going to court.
Our mediator’s role is to facilitate conversation, explain laws surrounding the separation, and draft documents outlining terms agreed upon by both parties. You will leave the process with a legally binding separation agreement (and parenting plan, if needed). Since we are a neutral third-party group and not lawyers, we cannot provide legal counsel at any point during the mediation.
If the couple wishes to explore reconciliation before discussing a separation agreement, our mediation services can lead that conversation with you and your partner.
If reconciliation is not an option, then discussing, negotiation, and drafting the separation agreement would take place.
The length of time of a family mediation session depends on the nature of the dispute and the particular circumstances of the parties. Generally, individuals require between two to six sessions lasting approximately one or two hours each. However, there are no restrictions on how many sessions it may take to reach an agreement. The time frame is completely up to the clients. Some mediations are completed in a matter of weeks while others are over years. We work at the pace that our clients prefer.
A mediator is a neutral third-party specially trained to help couples and families with dispute resolution.
The number of sessions that are right for you is completely up to you. We work with your situation and your judgment on the number of sessions that you wish to attend. We have worked with couples that felt 2-4 sessions were sufficient and there were other couples that required months or years of sessions. We allow our clients to tell us what is right for them and do our best to assist them through it.
There are multiple points within a relationship that you can consider mediation. If you and your partner are having ongoing disagreements and wish to discuss separation or reconciliation, it may be a good time to engage a mediator. If you and your partner have decided to separate and reconciliation is not an option, mediation can be helpful for you.
A mediator’s primary role is to encourage open communication and help couples and families come to shared terms on disputes that are mutually beneficial for both parties. A lawyer or attorney’s role is to actively negotiate on behalf of one party. A mediator is an expert on conflict resolution whereas a lawyer can give legal advice.
Although divorce fees charged by a lawyer may vary some, mediation has been found to be far less expensive and faster than court litigation. Court fees vary across Canada for different provinces and territories. Mediation services offer both parties greater involvement in reaching a solution, as well as more control over the outcome.
