The Mediation Process

Generally, the Mediation Process will consist of the following sessions:

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1.  The Initial Consultation Joint Meeting (estimated one to two Hours):

• General Intake of Information

• General Discussion regarding mediation and other methods to resolve disagreement including Court Litigation

• General Discussion of Fees, Procedure, Scheduling, Background, Objectives, Issues

• Provision of Engagement Contract for Review

• Recommendation for each individual to obtain Independent Legal Advice from his or her own lawyer/advocate

• Address Questions and Concerns

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2.  The parties submit an original jointly signed engagement contract to the mediator.

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3.  Sessions are scheduled.

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4.  Pre-Engagement (Individual Sessions) (estimated 3 to 5 Hours Each)

• Review of Engagement Agreement in Detail

• Specific Information Gathering - Hear your story

• Screening For Domestic Violence

• Clarify Specific Objectives

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 5. Mediation Settlement Sessions (Joint Meetings for ½ day or full day)

• Review of the Impact of Conflict on Children (Where relevant)

• Review of Dispute Resolution Mechanisms

• Clarify and Confirm Rules of Engagement

• Identification and Clarification of Joint and Individual Objectives

• Identification and Specification of All Issues to be addressed

• Identification of Where the Individuals agree and disagree

• Complete Required Relevant Information and Documentary Disclosure and Review

• Brainstorm Options and Discussion

• Reflect on Rights and Obligations Prescribed By Law

• Reality Checks

• Focus on Personal Context

• Build Consensus

• Formulate Terms

• Drafting of Final Memorandum of Understanding

• Recommended Submission to Each Party’s Lawyer to Review and Obtain Independent Legal Advice