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What is Mediation?
Mediation is a way of resolving disputes involving two or more clients. The mediator is a neutral third party. The Mediator facilitates discussion and utilizes a process to allow the clients to listen and understand the issues. The clients can then choose options to reach Settlement or as in the case of Divorce, Separation Agreements
Why will Mediation help me?
Mediation provides an opportunity to have conversations with the Mediator to examine the details of the situation. Through conversations, you will gain a better understanding of the other person’s perspectives. You can then work together to create options that work best for you.
Is Mediation a requirement in the Regina area?
As of February 2021, the new Early Family Resolution Legislation will be implemented in the Regina area. This means that before a couple can file for a divorce in the Courts, they must try to mediate the Separation Agreement. The couple must attend several mediation sessions. The Mediator will determine if the mediation has not been successful. At this point the couple may proceed to file for divorce in the Courts. These new Laws in Saskatchewan illustrate that Mediation is recognized as a less expensive and successful process that allows clients to reach mutually agreeable solutions faster. Decisions are made by the clients and the discussions remain confidential. The Mediation format provides for less intimidating discussions than a formal court room setting.
How long will it take to obtain a Mediation Agreement?
The length of time that it takes to create a Separation Agreement to address all matters depends on several factors: how soon and how often you and your Partner are available to meet, how quickly you can obtain the required documents, and how quickly you and your Partner can reach agreements. Typically, it will be at least several months to reach a Separation Agreement through mediation.
Would it be better for me to go to Court and not use Mediation?
Divorce proceedings through the Courts take more time and is more costly. The final decision is made by a Judge who does not know as well as you do your Family situation.
How much will Mediation cost?
Mediation costs will be based on time spent in Mediation. Mediator’s charges vary but are in the range of $100 - $200 per hour.
What information and documents are required for a Separation Agreement to file for a Divorce?
You will need to provide: Marriage certificate, date of start of relationship, date of end of relationship, ages of children. You will need to provide documentation of proof of all assets, finances, pensions, property.
What if Mediation does not work?
The Mediator will provide a written assessment that you have made a sincere attempt to utilize Mediation and that since it was unsuccessful, you can proceed to utilize legal counsel to file for a Divorce in the Courts.
Do I still need to use Lawyers? How much will a lawyer cost?
Through Mediation you will achieve a Separation Agreement. This Separation Agreement will be reviewed by your own Legal Counsel/Lawyer. It is recommended that both you and your Partner have the Separation Agreement reviewed by your own Lawyer. The Lawyers will then provide approval that the Separation Agreement meets the requirements for filing for Divorce without a Divorce proceeding or Court Hearing.
Lawyers fees range from $300 - $600 per hour on average.
When can I file for divorce?
You can file for a Divorce after you have obtained a Separation Agreement through Mediation, after you have lived apart for one year, or less than one year if a result of domestic violence or emotional abuse.
What is the Mediation Process?
I will meet with each of you separately to discuss your situation. Then we will meet jointly, the three of us, either in person or virtually by Zoom for two hour meetings. The Joint Mediation Meetings will allow each of you to share your views, concerns, needs and interests. I will guide your discussions to calmly and respectfully summarize the discussions and move towards each of you forwarding ideas for resolution. In the Mediation sessions, we will review the Division of Property, Parenting Plans, Spousal Support and Child Support and any other matters that you consider important. I will create a Separation Agreement that includes your mutually agreed decisions. You can then take that Separation Agreement to your individual Lawyers for their review. The Separation Agreement can then be submitted to the Court for the Divorce judgement.