Mediation – for a Good Divorce!
Are you looking for a way to divorce on your own terms? To keep costs down? And to not have the conflict escalate?
A mediated divorce might be a good option for you.
- You are advised before the process what you need for a cost-effective and efficient mediation. Coming to the table prepared makes the process less expensive and stressful.
- You have access to legal information throughout the mediation process, for no extra charge.
- You share the costs for a neutral lawyer mediator who can identify the legal issues and the need for independent legal advice early in the process, potentially saving time and money.
- You have a neutral lawyer mediator who can identify the need for other professionals such as pension valuators, business valuators, financial planners, accountants, psychologists, parenting experts, etc.
- You avoid finishing your mediation and then finding out from a lawyer that there are legal issues that must be addressed, possibly opening up the entire mediated agreement, incurring further legal bills.
- You walk away with a Separation Agreement, a Parenting Plan, if applicable, and divorce papers in a format ready for independent legal advice, signing and filing with the Court.
- You are less likely to have complications in the future resulting from a settlement that did not address a key legal issue.sue.
- Child-inclusive mediation ensures the experiences, concerns, views and preferences of children inform the adult negotiations over custody and parenting.
- The needs and best interests of the children are held front and centre in the mediation, without the children participating in the mediation.
- Child inclusion is about giving children the right to present their wishes in Family Law processes and to have their parents take their experience into consideration.
- Children can have their voices heard by the mediator (or an independent Child Consultant or Psychologist), without fear of upsetting either parent.
- Child inclusive mediators are trained in meeting with children to ensure children feel safe and nothing is communicated to the parents unless the children are comfortable with their parents knowing.
- Children are never asked to make choices.
- The ages of the children, whether there has been alienation, and the readiness of parents to receive and hear the input of children are all factors in determining if child-inclusive mediation is appropriate.
Phase 1: Pre-Mediation
- the mail out package with information and guides to gathering financial information, starting a parenting plan, and thinking about the issues
- the introduction and briefing meeting with each spouse separately (2 hours each)
- confirmation to proceed with the mediation
Phase 2: Mediation
Package A – 3 mediation sessions of 2 hours
- Suitable for spouses with no children, no businesses, no disclosure issues
- Cost: $3,000
Package B – 6 mediation session of 2 hours
- Suitable for spouses with children, more complex property issues, pension, spousal support
- Cost: $5,000
What IS included in the flat fee:
- Meeting notes confirming agreements and homework after each mediation session
- Setting up a Matrimonial Property Statement based on the financial disclosure
- Referrals to other professionals as required (lawyers, accountants, psychologists, counsellors etc.)
- Phone calls or emails regarding scheduling or payment
- Preparing a draft Minutes of Settlement or Separation Agreement
- Preparing a Parenting Plan document, if applicable
- Preparing Joint Divorce documents
- Preparing land transfer documents for up to two properties
- Document review meeting (last mediation session) to go over draft documents
What is NOT included in the flat fee:
- Substantive emailing or phone calls billed at $320 per hour
- Land transfer documents if more than two properties
- Any corporate documentation such as share transfer agreements
- Any real estate or mortgage financing or conveyancing
- Additional or longer mediation sessions bill at $320 per hour (to be paid in advance)
- Any disbursements incurred on your behalf, including: filing fees, Court searches, land title searches, corporate searches, couriers, Court runners, copies/prints/scans at $.20 cents
- Meetings with children for child inclusive mediation — fees variable / to be determined based on specific circumstances