The Mediation Process
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Step 1: Agreement to mediate
In the first session, a contract between the parties is developed which guides the mediation relationship. This can be done virtually or in person.
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Step 2: Identification of issues and setting of the agenda
The mediator will assist in developing an agenda to make sure that the parties keep to the concerning issues and communicate clearly and effectively with one another.
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Step 3: Negotiating
The parties meet with the mediator for a series of joint sessions.
The focus in these sessions is on:
Creating options and alternatives
Decision making
Developing effective communication strategies
Developing strategies to deal with future conflict
Finding solutions to specific issues which are appropriate to both parties
Drawing up a parenting plan which is agreed upon by both parties -
Step 4: Review
Parties can review all agreements – specifically the parenting plan. Once the agreement is signed by the parties, the agreement can be viewed by the court as a legally binding document. Parties are often advised to have the agreement reviewed by legal representatives before signing it.
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Step 5: Implementation of the Parenting Plan
Parties can make mediation agreements an order of the court and/or of the Family Advocate’s Office.
What can be mediated
- Parenting plans
- Custody disputes: Care and contact of children
- Divorce disputes
- Relationship disputes
Preparing for Mediation
Make sure to be prepared to discuss all information relevant to the dispute at the mediation. This might include contracts/existing agreements, leases and data on income and expenses.
Benefits of Mediation
- Cost-effective
- Control over the process and decisions
- Less stressful than litigation
- Constructive way of solving conflict and finding alternative suitable solutions that work for both parties
- The voice of the child can be heard in mediation if needed
