Process For Mediation

Mediation Provides You A Broader Perspective

Initial meetings with clients are directed to gathering all the information to determine if mediation is the right way to move forward. We screen routinely for any domestic abuse before starting any mediation session. We meet with both clients separately for an intake so as to avoid any conflicts of interest or under influence. This intake normally will take about 1½ to 2 hours.
Before this meeting the client will be given an intake form to be completed. Following the intake if mediation is determined to be a suitable procedure, a letter is sent to the client confirming the date for the mediation as well as an outline of the documents required so the clients can prepare their disclosures.
Our mediator, James Foulds is a trained and certified family law mediator. He is accredited with the New Brunswick Association for Family Mediatiors (OAFM). As a mediator, he guides his clients toward resolving their own disputes. Given Yoel’s background and experiences in different areas of law, he is able to inform clients on a wide spectrum of issues, especially in areas of estate planning, commercial law and real estate related areas, that assists throughout the process in weigh the options and alternatives that come up.
While he can give information that sheds light on option selection, for any specific legal advice, clients will have to consult with their own lawyer. This enables them to consult confidentially without pressure so their decision to accept or reject an agreement is out of their free will and free of any under pressure or influence.

Steps Involved In Your Mediation

Many of our clients are able to appreciate the positive results of a full, frank and open discussion. While you are in control of the process, we help you reach your goals in a safe and nonjudgmental environment.

  • Introductory stage: The mediator provides opening remarks as to what to expect and the importance of being respectful and dignified throughout the process
  • Defining the issues: The parties are given an opportunity to state the problems, which could include their goals, concerns and fears
  • Documentary disclosure: The parties exchange all the relevant information, including financials to enable them to make informed decisions. These financials are sworn documents
  • Identify the issues: At this stage the parties may agree on certain elements and discussion or negotiation on other aspects that may be contentious
  • Discussions: after identifying the issues, there are intensive discussion. This may involve one or multiple sessions, depending upon the clients and their needs.
  • Minutes of settlement: This is not the agreement; instead this may become the basis for drafting a separation agreement. If the client wants, we could draft the separation agreement but if not, then they hire another lawyer to do so on their behalf. The agreement is not signed with the mediator but with their lawyers
  • Independent legal advice: Before the agreement is signed, it must be assessed by another lawyer who is able to explain you the consequences of the agreement. The goal is for you to have full knowledge and understanding of the meaning of what has been agreed upon and its effects moving forward

Once the agreement is signed, it becomes a legally binding document.
You may also be a candidate for collaborative law, another alternative method to amicable divorce. Learn about the most common questions asked about this process.

Consult Our Mediator At The New Brunswick Office

For an assessment if mediation is right for you call us today or email our office. Mediation has helped several struggling families in the New Brunswick Area, without having to go to court.

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