Mediation with
Your Lawyers

Two professionals signing a document

Sometimes negotiations between you and your spouse breakdown and impasse is reached. A mediator can help breathe new energy, perspective and momentum into a case that can be the key to reaching resolution.

Mediation With Your Lawyers means just that - you attend mediation with your lawyers. In this process, we meet you where you are, respecting that some issues have been settled, and so we focus on the issues that haven’t. We work on shorter timeframes, often booking a half or full day sessions, so that we can bring you to the finish line. We stay at the helm until the agreement is signed.

You can attend mediation at any time and regardless of what process you’re in (whether you are in court already, at the doorsteps of starting a court application, in the collaborative process, or in a lawyers’ run negotiation).

Our Process

  • Step 1

    Conduct introductory phone call with the lawyers to understand the issues in dispute, need for financial and other information, and design process.

  • Step 2

    Conduct individual mediation sessions with each person. You can decide whether you wish to attend with or without lawyers.

  • Step 3

    Advise of roadmap for process, including timeline for exchanges of information and booking sessions.

  • Step 4

    Conduct 5 way session with you, your spouse and your lawyers. We either book a half-day or full-day. The sessions can take place with everyone together, by way of caucus, or a combination of both. This is designed on a case-by-case basis to ensure everyone feels safe and supported. Sometimes only one session is needed, other times a follow up is required.

  • Step 5

    Once terms are reached, a summary is circulated to everyone.

  • Step 6

    Draft Separation Agreement (which when drafted by the mediator is called a Memorandum of Understanding).

  • Step 7

    Assist in facilitating lawyers’ feedback and finalizing the agreement. We often stay involved until the agreement is signed.

Benefits of Mediation
with your Lawyers

  • This process can bring protracted negotiations to closure and avoid or resolve an expensive and protracted court proceeding.

  • We work quickly, and can usually reach resolution within a few weeks or months.

  • The process can be customized. We can meet separately or together; the meetings can be long or short; and ultimately your dynamics and circumstances will lead to a specialized process design to ensure we are setting you up for success.

  • Mediation can provide creative, customized outcomes, beyond the limitations of the legal model and keeping your goals at the forefront.

  • Since your lawyer is there, you get the benefit of the synergy of neutrality (the mediator) and advocacy (your lawyer) to reach resolution, even when conflict is high, trust is low and the issues are complex.

FAQs

  • Kind of - we charge a flat fee half day or day rate, and then we bill our hourly rate for additional work, such as the individual sessions, call with your lawyers and any additional work required. We do get your permission before incurring fees.

  • This will be decided between your lawyers and us. We tend to shy away from requesting briefs because they are costly to prepare and often overly positional. We do request information that is necessary for making decisions.

  • We offer both virtual and in person mediations.

  • Absolutely. We are available for phone calls throughout the process to assist.