At McCuaig Desrochers LLP, you can meet with a trained mediator who can assist you in resolving your family law and divorce conflicts without going to court.
In the mediation process, both parties meet with a trained neutral third party (the mediator) who guides and helps the parties reach a negotiated agreement. The mediator does not take sides or make any decisions on your behalf. The mediation process empowers you to work together and make decisions about your own lives, rather than giving up that power to a court.
Mediation is without prejudice, which means that things you say in mediation cannot later be used against you in court. This allows for both parties to speak openly and transparently without worrying that it will hurt them to do so. An agreement reached at mediation is not binding until it has been written up as an agreement or court order and signed by both parties. In some cases, such as when the agreement deals with matrimonial property, in order for the agreement to be binding, the parties must each retain a lawyer to provide independent legal advice and prepare and sign the agreement. If you come to an agreement at mediation, your mediator will do up a report summarizing all the things you agreed to, which you can take it to your lawyer to assist in creating the final formal agreement.
Whether you and your ex-partner need to start from the beginning and resolve all issues relating to the separation, or whether you need to resolve just one or two sticking points, McCuaig Desrochers LLP can assist. Among other things, a mediator can assist you in resolving the following issues:
- child custody, access, parenting time, and decision-making rights
- child support
- spousal support (sometimes called alimony)
- changes in circumstances, such as a move by one parent (mobility issues) or a change in income requiring a variation of child support