WHAT IS MEDIATION?

Mediation is a dynamic, structured, and interactive process whereby a third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process, as they maintain control over their own process and outcome. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction in order to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and promotes open communication.

The mediator does not have the ability to make decisions for any of the parties, and all participants have the ability to end the mediation at any given time, as it is a voluntary process. Mediators who are also lawyers are not acting in a legal capacity on behalf of any of the parties; therefore, he or she cannot offer legal advice to the participants and can only be a source of information. Consequently, participants are strongly urged to consult their respective lawyers in order to understand their individual legal rights and obligations. Mediation, however, does offer a less costly, more time-efficient alternative to resolving disputes. Successful mediations result in a signed agreement which prescribes the future behaviour of the parties.

Upon the request by the participants, the option of a collaborative approach to family mediation is always available. Associates from Bridge Divorce and Family Mediation welcome other legal and other professionals, where appropriate, to resolve issues, especially in complex or high-conflict family disputes.

After the parties have engaged in mediation to resolve their family issues such as custody and access, property division, and child support, a mediation report is drafted by a Bridge associate. It is important to keep in mind that such a report is not legally binding until it has been made into a separation agreement by a lawyer acting on behalf of one of the participants. At this point, both participants should consult their respective lawyers for independent legal advice before signing a separation agreement, as it is a legally binding contract between the former spouses or former common-law partners.

A highly qualified associate at Bridge Divorce and Family Mediation is always available to work professionally and responsibly with clients towards efficient and amicable resolutions to family disputes. Our associates have trained and worked in a range of environments and are committed to serving clients with integrity and flexibility.