Put simply, family mediation is a negotiation between two people with the assistance of a neutral third party – the mediator.  The mediator will help you to voluntarily reach your own mutually acceptable settlement of the issues in dispute.  The mediator will not take sides, give legal advice, or make decisions on your behalf.  Rather, the mediator’s role is to guide the process of your negotiations and to facilitate resolution using special techniques to encourage open communication, respectful cooperation, and meaningful settlement discussions. A successful family mediation will result in a signed interspousal contract.

Like most forms of ADR, mediation can be faster, less expensive, and more satisfying than going to Court.  Parties can attend mediation alone or with their lawyers and can engage in mediation at any stage in the family law process.  Mediators can be lawyers, social workers, psychologists or other trained professionals, all of whom must complete additional specialized training to be considered family mediators.

If you have questions about mediation or are interested in giving it a try, please reach out to our family law team at www.mckercher.ca/familylawsask.