Mediation uses a problem solving approach to separation and divorce.
Mediation is a good option if you prefer to resolve your differences out of court. It is a voluntary process that is also confidential. The parties and the mediator sign a Mediation Agreement, setting out the way they will work through the issues.
With the help of the mediator, the participants identify the issues that need to be resolved, and the options for resolving them. Mediation is generally a more positive process than adversarial strategies resulting in long and stressful legal battles.
The goal is for the spouses to work together as a team to find the right settlement for their children and themselves. The role of the Mediator is to facilitate the process and assist the parties to find a solution that the parties can agree to. With mediation, the professionally trained mediator helps diffuse the emotional tension between the two spouses and helps them focus to reach an agreement.
Diane Daly believes that the best agreements are ones negotiated by the parties themselves, with professional assistance. Individuals are better prepared and protected as they begin their new chapter in life.
Mediators help you come to terms on all issues that arise on separation, including: where your children will live and on what schedule (custody and access); how the parents will support the children (child support); how the parties will support themselves and each other (spousal support); how the parties will determine the value of their assets and debts and how those will be divided (division of property).
Sometimes there are pensions or businesses that need to be considered. Unlike arbitrators or judges, mediators do not impose settlements or decide cases. Mediators facilitate settlement. Mediation is an alternative to going before a Judge in a court process. If the parties cannot reach agreement on their own, with their lawyers, or with the help of a mediator, then the parties will need a judge or an arbitrator to decide.
Find out more about arbitration
A divorce mediator is a neutral third party who can help both sides reach mutually satisfactory agreements.
Mediators can help settle property issues as well as spousal support, child support, child custody and access.
But it is very important that the parties come to the mediation table with a basic understanding of their rights and responsibilities.
As a family law lawyer with 20 years’ experience, Diane Daly can provide mediation participants with LEGAL INFORMATION, but not with LEGAL ADVICE. It is therefore important for each party to consult a lawyer at some point during the mediation process, to provide you with independent legal advice. You can find your own family law lawyer, or Diane Daly can provide you with a list of knowledgeable, experienced family law lawyers who understand the goals of mediation and will support you appropriately in that process.
Diane Daly and her team will help you use cooperative strategies and open communication to reach solutions to achieve the best possible results for you and your family.
For over 20 years, the Daly Law team has helped families in Greater Toronto and Halton find legal solutions that are based on mutual respect while emphasizing the needs of the children.
Protect your future and your family by calling Diane Daly today at (905) 844-5883.
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