Estate Complications for Common Law Couples
Couples may have many reasons for not getting married, but when a common law partner dies without a will, the living partner is left legally vulnerable. When an individual dies without a will, [...]
Family Mediation
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Get in touch with our team of lawyers in London, Ontario. We will get back to you within 2-business days. Please note that a lawyer-client relationship is not established until a retainer agreement has been signed. Please do not send confidential information or documents at this time.
When couples decide to separate, they often have many concerns about the process. For instance, you may worry about the cost of separation, whether it will be an ugly process, how long it will take, and if family court is actually going to help.
Family mediation can resolve many of these concerns in an efficient and amicable way. With the help of a family mediator, couples can come to agreements quickly and without added stress to their financial circumstances and disruption to themselves and their children.
What is Family Mediation?
Family mediation is a voluntary process in which both parties agree to have a mediator assist them in attempting to reach a settlement. The mediator is a neutral, third party who facilitates conversations between the parties to try to achieve a joint resolution that is equitable to both parties. Mediation gives parties the power to agree on decisions together that consider the individual circumstances of their family.
Contact Us
Get in touch with our team of lawyers in London, Ontario. We will get back to you within 2-business days. Please note that a lawyer-client relationship is not established until a retainer agreement has been signed. Please do not send confidential information or documents at this time.
What Can Be Negotiated Through Family Mediation?
What can be negotiated through family mediation will largely depend on what parties are willing to discuss and agree upon in the process. However, some common issues that can be mediated through family mediation include child support, parenting plans, parenting time schedules, spousal support, and division of assets and property matters. A mediator can also assist parties in negotiating the terms of a Cohabitation Agreement or Marriage Contract. A mediator can educate the parties on the law in the process and help parties understand what topics may be important for them to include in such agreements.
The Process of Family Mediation
- Both partners express an interest in mediation and have individual intake sessions with the mediator to assess suitability.
- If the mediator deems it appropriate to proceed, a joint Mediation Agreement is signed by all parties (including the mediator) which outlines the terms of the mediation process they agree to follow.
- Mediation sessions occur, during which the mediator takes progress notes of any agreements reached by the parties.
- The process concludes with the mediator preparing a written report called a Mediation Report, outlining any terms that were agreed upon during mediation.
- Once the Mediation Report is prepared, it is not a legally binding agreement until both parties receive independent legal advice on the agreement with lawyers. This last step is strongly recommended by the mediator but ultimately is the decision of the parties themselves.
How We Can Help
As accredited mediators who are also trained family lawyers at BBO, we have the knowledge to guide clients through the mediation process and to make them attuned to what issues may be relevant to address based on their individual circumstances (such as family and estate considerations). We have a high level of experience in navigating sensitive topics and emotionally charged situations between families, as well as vast experience in preparing separation agreements, parenting plans, cohabitation agreements and marriage contracts (also known as “prenuptial and postnuptial agreements”). We have expertise in dividing assets and debts between separating partners, which can ease the difficulty and reduce stress in the process of separation.
Our aim is to help make the family mediation process as smooth and stress-free as possible and to guide you towards possible resolution.
Contact BBO today to learn how we can help.
Frequently Asked Questions
These questions and answers are for general information purposes only and do not constitute legal advice, nor do they create any retainer or relationship between the reader and Brown Beattie O’Donovan LLP.
How do I know if I need a lawyer?
Whether or not you need a lawyer will depend on the circumstances of your case. For more information, please submit your contact information as well as a brief description of the issues in the form provided and we will get in touch with you.
Do you accept legal aid?
Unfortunately, we do not accept legal aid as a payment option.
How long does it take to resolve a case?
The length of proceedings will depend on the circumstances of your case. Factors that can affect the timeline include: whether and how vigorously it is defended, availability and quality of evidence, court availability etc. For more information, please submit your contact information below and we will get in touch with you.
