What is Mediation?
The Goal of Mediation is to come up with an agreement that reflects the interests of all parties involved. With the central focus on the well being of the child or children, Mediation is a voluntary process where parties are free to withdraw at any time. Through collaboration and thoughtful communication, by using this dispute resolution process, mediation aims to come up with the best possible solutions.
Mediator's are not there to judge who is right or wrong, but instead to craft or guide the process as impartial third party participants.
People turn to the mediation process to help clarify issues and to explore options for resolution. As mediated disputes involve no obligation to accept decisions or proposed options, the resolutions achieved are generally perceived to be fair and impartial, and are therefore more effective and longer lasting. Parties may consider mediation prior to disciplinary or grievance procedures or going to court. Agreements made in mediation may be attached to an order, such as a consent order, and submitted to the court registry. The mediator encourages all parties to seek legal advice prior to signing any agreement to ensure complete awareness of legal ramifications or implications embedded within the agreement.
In the case of Divorce and Separation Mediation, it is not like counselling. Instead, it helps couples who have decided to separate deal positively with the practicalities of relationship break-up such as determining support, custody, guardianship and access issues. The mediation process assists the parties to reach a mutual agreement with regard to these matters.
Divorce & Separation Mediation aims to assist you to find a solution that meets your needs and abilities, as well as that of your ex-partner, as well as any children. The mediator's role is to maintain a balance of power during mediation sessions, and to ensure that all participants feel a strong sense of safety to discuss important issues. At the end of mediation, you should feel that there has been no 'winner' or 'loser', but that you have come to a sensible arrangement that you can all live with.
Mediation can help to reduce tension, anger and misunderstandings and improve communication between all involved. This is also helpful if you have children, because in many cases, parents continue to share responsibilities in raising children thus requiring a high level of understanding and cooperation.
Mediators do not act as Lawyers and are not permitted to give legal advice. The mediator's role is instead to offer legal information, and to assist clients to come up with solutions that best serve everyone's needs.
The mediator is there to assist parties to:
- Hear what the other has to say
- Understand each other’s needs and concerns
- Provide a platform from which agreements and solutions may be explored.
The mediator will not tell you what to do and will not take sides, but they can share ideas with you and help you to explore various viewpoints.
How long does mediation take?
Mediation usually lasts for between two and four sessions, each of about an hour and a half. However, the time it takes depends on how complicated your dispute is. Mediation may also be revisited after a specific period of time in order to re-assess the success of the agreement and to make any necessary changes.
Is mediation confidential?
Mediation is confidential and the mediator will not disclose any information to anyone unless all parties agree. However, if it is disclosed that someone has been seriously hurt, or is at risk of this, the mediator is required to ensure that the appropriate personnel have been notified. Furthermore, if there is evidence of child abuse, all adults in the province of British Columbia are required to report this information.
Conciliation
Conciliation is an alternative dispute resolution process whereby the parties involved in dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses. The conciliator will usually neither write decisions, and nor make awards.
Conciliation differs from mediation in that the parties usually meet independently with the conciliator, and often have little or no direct contact with the other party during the process. Most mediators refer to the practice of meeting with the parties separately as 'caucusing' and would regard conciliation as a specific type of mediation practice.
