The Mediation Process
The mediation process can vary, depending on the situation and parties. In general, however, there are four main steps, as described below.
STEP 1
Initial Consultation
This is a free 15-minute phone call to ask questions and provide background information about the situation. It helps the mediator understand your situation better.
STEP 2
Pre-mediation sessions
Once both parties agree to mediation, individual meetings with each party and the mediator are scheduled. These meetings allow for a discussion about the situation and to determine if mediation is suitable or if other services are needed. These meetings may be in-person or online. Relevant information, such as financial documents, may be shared before the next stage.
STEP 3
Mediation Session(s)
These sessions involve both parties and the mediator. They provide an opportunity for each party to share their perspectives on the issues. The mediator may meet with the parties together or separately, depending on the situation. The number of sessions needed depends on the complexity and number of issues. The goal is to find solutions that consider both parties' interests, with a focus on the best interests of the children when children are involved. These meetings may be in-person or online.
STEP 4
Resolution
The agreements reached in mediation are documented in a Memorandum of Understanding. It's recommended that both parties seek independent legal advice before finalizing the agreement. Mediators are neutral and while they can provide legal information, they cannot provide legal advice. If necessary, a lawyer can turn the Memorandum of Understanding into a legally binding agreement.
