When a marriage or relationship ends, one of the first assumptions people often make is that they need to hire lawyers and prepare for a court battle.
That is not the only path.
For many separating couples in Calgary and throughout Alberta, divorce mediation offers a way to work through disagreements, make informed decisions and reach their own agreement without asking a judge to decide every issue for them.
Mediation can address some of the most important questions created by separation:
- Where will the children live?
- What will the parenting schedule look like?
- How will holidays be handled?
- How will child support be addressed?
- Is spousal support an issue?
- What happens to the family home?
- How will assets and debts be divided?
- What financial information needs to be exchanged?
- What happens after we reach an agreement?
At WIN/WIN Divorce Resolution in Calgary, mediation is more than an isolated meeting.
For many clients, it is the first stage in a practical process:
Mediation → Resolution → Separation Agreement → Uncontested Divorce
Not every couple requires every stage. Some already agree on most issues. Others need mediation before they can move forward.
The objective is to determine what is unresolved, help the parties work toward decisions, document those decisions appropriately and, where applicable, help them proceed toward an uncontested divorce.
WIN/WIN Divorce Resolution provides information, mediation and paralegal services. We do not provide legal advice. Shelly-Ann Petz acts as a neutral mediator and does not represent either spouse. Each person may obtain independent legal advice from an Alberta family lawyer regarding their individual rights and obligations.
What Is Divorce Mediation?
Divorce mediation is a structured process in which separating spouses or partners work with a neutral mediator to try to resolve issues arising from their separation.
The mediator facilitates the discussion.
The mediator does not decide the outcome.
This is one of the most important differences between mediation and court.
In court, each party presents their position and ultimately asks a judge to make a decision. The parties lose control and may not be satisfied with the outcome.
In mediation, the people separating retain responsibility for the decisions.
A mediator can help them:
- identify the issues that need to be resolved;
- organize the discussion;
- improve communication;
- identify information that may be needed;
- explore possible options;
- clarify areas of agreement and disagreement;
- work through practical consequences of different proposals; and
- record the decisions that have been reached.
The mediator remains neutral throughout that process.
What Does a Divorce Mediator Not Do?
Understanding what a mediator does not do is equally important.
A mediator does not act as either spouse’s lawyer.
A mediator does not tell one person what they should accept.
A mediator does not determine who is right or wrong.
A mediator does not impose a settlement.
A mediator does not make legally binding decisions for the couple.
And a mediator does not provide either party with independent legal advice.
If you need advice about your legal rights, obligations or whether a proposed settlement is appropriate for you personally, that is the role of your own family lawyer.
Mediation and independent legal advice are therefore not competing services.
They perform different functions.
Why Are More Separating Couples Considering Mediation?
There is a fundamental question at the centre of most separations:
Who should make the decisions about your family’s future?
Sometimes court intervention is necessary.
But when it is safe and appropriate for the parties to negotiate, mediation gives separating spouses an opportunity to make many of those decisions themselves.
That can have several advantages.
More control
Parents know their children’s schedules, personalities, activities and needs.
Spouses understand their finances, employment, home and priorities.
Mediation allows those people to participate directly in creating the arrangements that will affect their lives.
Less adversarial
The end of a relationship does not necessarily need to become a contest with a winner and loser.
This is particularly important when children are involved.
Parents may need to communicate with one another for many years after their divorce.
Potentially lower cost
The cost of separation often increases when disagreements require extensive professional negotiation or court intervention.
Resolving issues directly through mediation can reduce the number of matters that require further intervention.
Greater privacy
Mediation provides a private setting for discussing sensitive family and financial matters.
Flexibility
Families are different.
A parenting arrangement that works for one family may be impractical for another.
Mediation allows parties to explore solutions that reflect their actual circumstances.
A pathway forward
Most importantly, successful mediation can move a separation from disagreement toward documentation.
Once the necessary decisions have been made, the parties can proceed toward a separation agreement.
Does Canadian Divorce Law Encourage Mediation?
Canada’s Divorce Act recognizes family dispute resolution as an important part of resolving issues arising from divorce.
The Act provides that, to the extent it is appropriate, parties should try to resolve matters that may be the subject of an order through a family dispute resolution process.
Family dispute resolution can include mediation, negotiation and collaborative law.
This does not mean mediation is mandatory or appropriate for everyone.
Safety, family violence, coercive control, significant power imbalances and other circumstances can make mediation inappropriate.
The important point is that mediation is not an informal workaround to the family justice system.
It is a recognized method of family dispute resolution.
What Can Be Discussed in Divorce Mediation?
The issues depend on the family.
Mediation may address one specific disagreement or many issues arising from the separation.
Common topics include the following.
Parenting Arrangements
Parents may need to determine where children will spend their time and how parenting responsibilities will operate after separation.
Discussions might include:
- regular parenting schedules;
- weekdays and weekends;
- school schedules;
- holidays;
- summer vacations;
- birthdays;
- Mother’s Day and Father’s Day;
- transportation;
- extracurricular activities;
- travel;
- communication with the children;
- introducing practical routines between households; and
- how future parenting disagreements will be addressed.
The focus should remain on arrangements that support the children’s best interests.
Decision-Making Responsibilities
Parents may also need to determine how important decisions involving their children will be made.
Those decisions can involve areas such as:
- education;
- health;
- extracurricular activities;
- culture;
- religion or spirituality; and
- other significant aspects of the child’s life.
The appropriate arrangement depends on the circumstances of the family and children.
Child Support
Child support is another common subject.
Relevant issues may include:
- each parent’s income;
- the applicable child support amount;
- parenting arrangements;
- special or extraordinary expenses;
- how expenses will be shared;
- annual exchange of income information; and
- how support will be adjusted when circumstances change.
Financial disclosure is particularly important when discussing support.
Spousal Support
Spousal support can be more complex.
Questions may arise concerning entitlement, amount and duration.
Because the mediator does not provide legal advice, parties dealing with spousal support should consider obtaining independent legal advice concerning their circumstances.
Mediation can nevertheless provide a setting for discussing possible resolutions after the parties have obtained the information and advice they need.
The Family Home
The family home is frequently one of the largest assets and one of the most emotional subjects in a separation.
Possible discussions may include:
- whether the home will be sold;
- whether one person wants to keep it;
- the property’s value;
- mortgage obligations;
- refinancing;
- timing of a sale;
- responsibility for carrying costs;
- repairs before sale; and
- how equity may ultimately be addressed.
Wanting to keep a home and being financially able to keep it are not always the same thing.
The practical financial implications should therefore be carefully considered.
Property and Debt
Separating couples may also need to discuss:
- bank accounts;
- investments;
- RRSPs;
- TFSAs;
- pensions;
- vehicles;
- businesses;
- personal property;
- credit cards;
- lines of credit;
- loans;
- mortgages; and
- other assets and liabilities.
Property issues can involve legal, financial and tax considerations.
WIN/WIN can facilitate discussions and help clients understand the information being considered, but legal, tax, accounting or investment advice should be obtained from the appropriate professionals when required.
Do We Need Financial Disclosure Before Mediation?
If financial issues are going to be discussed, accurate information is extremely important.
Imagine attempting to divide property without knowing:
- current mortgage balances;
- investment values;
- pension information;
- outstanding debts; or
- each person’s income.
Meaningful negotiation becomes difficult when the information is incomplete.
Depending on the issues involved, useful documents can include:
- income tax returns;
- Notices of Assessment;
- employment income information;
- bank statements;
- investment statements;
- RRSP and TFSA statements;
- pension information;
- mortgage statements;
- credit card statements;
- line-of-credit statements;
- property information;
- business information; and
- other documents concerning assets and debts.
Good mediation depends on informed decision-making.
How Does Divorce Mediation Work at WIN/WIN?
Every situation is different, but the process generally begins by understanding what has happened and what remains unresolved.
Step 1: Initial Discussion
The first step is determining whether WIN/WIN’s services fit your situation.
Some couples need extensive mediation.
Some need help with only one or two unresolved issues.
Others already agree and primarily need assistance preparing documents.
This distinction matters because there is no benefit in forcing people through mediation over issues they have already resolved.
Step 2: Identify the Issues
The next stage is creating a clear picture of what needs to be decided.
For example:
Already agreed:
- relationship is over;
- house will be sold;
- basic parenting schedule.
Still unresolved:
- holiday parenting;
- children’s extracurricular expenses;
- spousal support;
- division of one investment account.
The mediation can then concentrate on what actually requires resolution.
Step 3: Gather the Necessary Information
If decisions involve finances, the parties need to exchange appropriate information before productive discussions can occur. The exchange of financial disclosure can be done during the mediation process if it has not been done in advance.
If additional professional input is required, that can also be identified.
For example, the parties may need information from:
- a mortgage professional;
- accountant;
- tax professional;
- pension administrator;
- property appraiser;
- financial professional; or
- family lawyer.
The mediator does not replace those specialists.
Step 4: Mediation Sessions
During mediation, Shelly-Ann facilitates the discussion.
Both parties have an opportunity to explain their concerns and priorities.
The purpose is not to determine who presents the better argument.
The purpose is to identify whether a solution exists that both parties can accept.
Sometimes that happens quickly.
Sometimes several alternatives need to be explored.
Step 5: Reality-Test Proposed Solutions
A proposed solution needs to work outside the mediation room.
Suppose one spouse wants to retain the family home.
Questions might include:
Can that person qualify for refinancing?
What will the monthly mortgage payment be?
What are the property taxes?
What will utilities and insurance cost?
How will the other spouse receive their share of the equity?
When will refinancing occur?
What happens if financing cannot be obtained?
Similarly, a parenting proposal should be examined against school schedules, transportation, work hours and children’s activities.
Mediation is not merely about finding something both people can say “yes” to.
It should aim for arrangements that are practical enough to implement.
Step 6: Reach Decisions
When the parties reach agreement, the terms can be identified clearly.
Sometimes every issue is resolved.
Sometimes mediation resolves most issues but one remains outstanding.
Even partial resolution can be useful because it narrows what still needs attention.
Step 7: Prepare the Separation Agreement
This is where WIN/WIN’s model becomes particularly valuable.
WIN/WIN is not simply a mediation practice that ends its involvement once the mediation session finishes.
Once the parties have reached the necessary decisions, WIN/WIN can assist with the paralegal and document-preparation stage, including preparation of the separation agreement.
This creates continuity between resolving the disagreement and documenting the resolution.
The parties should obtain appropriate independent legal advice concerning their agreement.
Step 8: Proceed Toward an Uncontested Divorce
For married spouses, the next stage may eventually be the uncontested divorce.
WIN/WIN also provides uncontested-divorce document preparation.
For some clients, the complete progression therefore becomes:
Disagreement
Mediation
Resolution
Separation Agreement
Independent Legal Advice where appropriate
Uncontested Divorce
That is the WIN/WIN pathway.
How Many Mediation Sessions Will We Need?
There is no universal number.
A couple trying to resolve one remaining parenting issue may need much less mediation than spouses addressing parenting, support, a home, investments and a business.
Factors can include:
- number of unresolved issues;
- complexity of the finances;
- quality of financial disclosure;
- level of disagreement;
- ability to communicate;
- need for outside professional information; and
- whether new issues arise.
The objective should not be to hold a predetermined number of sessions.
It should be to use the mediation process efficiently to address the issues that actually need resolution.
How Long Is a Mediation Session?
The appropriate length can depend on the mediator, issues and circumstances.
Longer is not always better.
People make poorer decisions when they are exhausted or overwhelmed.
Complex separations may benefit from breaking discussions into manageable stages rather than trying to solve every issue in one marathon session.
When considering mediation, ask WIN/WIN about the current process, scheduling and session structure.
How Much Does Divorce Mediation Cost in Calgary?
There is no responsible single answer for every family.
The total cost depends on factors such as:
- number of sessions;
- number of issues;
- complexity;
- preparation required;
- financial disclosure;
- whether additional documents need to be prepared; and
- whether outside professional advice is required.
WIN/WIN can explain its current mediation fees during your consultation.
It is useful to distinguish the cost of mediation from the total cost of separation.
After mediation, there may also be costs associated with:
- separation-agreement preparation;
- independent legal advice;
- uncontested-divorce preparation;
- court filing fees; and
- specialized financial, tax, valuation or other professional services.
The better question may therefore be:
What process gives us the best opportunity to resolve the issues efficiently and appropriately?
Is Mediation Cheaper Than Going to Court?
Mediation is less expensive than contested litigation, particularly when it enables the parties to resolve issues that would otherwise require substantial professional negotiation or court proceedings.
Complex cases can require significant work and cost, regardless of the process.
The important economic distinction is that successful mediation can reduce the number of issues requiring adversarial resolution.
If five disagreements become one disagreement, the scope of the remaining dispute has changed considerably.
Do We Both Have to Agree to Mediation?
Mediation is fundamentally a consensual process.
Both people need to participate meaningfully.
A mediator cannot force one spouse to negotiate in good faith or force either spouse to accept a proposal.
If one person is completely unwilling to participate, another dispute-resolution process or legal route may be required.
Do We Have to Be Amicable?
No.
This is one of the biggest misconceptions about mediation.
You do not need to be friends.
You do not need to agree about everything.
You do not need to enjoy communicating with one another.
If there were no disagreements, there would be little need for mediation.
What matters is whether the parties can participate safely and meaningfully in a structured process designed to explore resolution.
What If We Cannot Be in the Same Room?
Different mediation arrangements may sometimes be considered depending on the circumstances and mediator’s assessment.
However, concerns about safety, intimidation, coercion or family violence must be taken seriously.
The question is not simply whether technology can keep two people physically separate.
The question is whether mediation is an appropriate process under the circumstances.
Safety should never be sacrificed simply to keep a matter out of court.
What Is Shuttle Mediation?
In some mediation models, the parties communicate with the mediator separately rather than remaining together throughout the discussion.
This is often referred to as shuttle mediation.
Whether that format is appropriate depends on the circumstances and the mediator’s practices.
Separate communication does not automatically solve concerns involving coercive control, family violence or significant power imbalance.
Suitability still needs to be assessed.
What If There Has Been Family Violence?
Mediation is not automatically appropriate simply because both parties want to avoid court.
Family violence can affect a person’s ability to negotiate freely and safely.
Concerns can include:
- physical violence;
- threats;
- coercive control;
- intimidation;
- financial control;
- stalking;
- harassment; and
- other behaviour affecting a person’s ability to participate freely.
Safety concerns should be disclosed to the mediator.
There are situations where mediation should not proceed and legal assistance, protective measures or court intervention may be more appropriate.
What If One Person Knows Much More About the Finances?
Knowledge imbalance is another important issue.
Imagine that one spouse managed all investments, banking, taxes and household finances throughout a 20-year marriage while the other had little involvement.
Simply putting them at the same table does not automatically create equal understanding.
Information may need to be gathered and explained.
With having extensive financial background, including having the knowledge from completing her designation as a Chartered Financial Specialist, Shelly-Ann Petz is able to assist with providing information about the financial aspects, valuations and different tax treatments. However, additional independent financial, accounting or legal advice may be appropriate.
The objective is informed decision-making—not simply obtaining a signature.
Can Shelly-Ann Tell Me Whether an Offer Is Fair?
Not as your legal adviser.
This distinction is fundamental to WIN/WIN’s mediation model.
As mediator, Shelly-Ann must remain neutral.
She can help the parties examine information, clarify proposals, identify practical questions and explore possible consequences.
She cannot become one spouse’s advocate and advise that person whether to accept or reject a proposal.
If you want advice about whether a proposal protects your individual legal interests, speak with your own family lawyer.
Does Shelly-Ann Have Financial Experience?
Yes.
With having completed Canadian Investment Management (“CIM”), Fellowship of the Canadian Securities Institute (“FCSI”) and Chartered Financial Divorce Specialist (“CFDS”) designations, Shelly-Ann has extensive education and professional experience in financial matters, which can be particularly useful when helping separating couples identify financial and tax considerations that may need to be examined during their discussions.
That does not mean WIN/WIN is providing financial planning, investment, tax or accounting advice.
And WIN/WIN is not offering specialized Chartered Financial Divorce Specialist services.
Where specialized advice is needed, clients should consult the appropriate professional.
The value of financial knowledge within mediation is often knowing which questions need to be asked.
For example:
What are the tax characteristics of the assets being discussed?
Can someone actually afford to retain the family home?
Does a proposed division create very different liquidity for each person?
Is pension information missing?
Are there potential tax consequences that should be reviewed before the agreement is finalized?
Identifying those questions can help the parties determine when additional professional advice is required.
Can We Mediate If We Already Have Lawyers?
Yes.
Having a lawyer does not necessarily prevent someone from participating in mediation.
The roles are different.
Your lawyer represents your interests and gives you legal advice.
The mediator remains neutral and facilitates discussions between the parties.
A person may obtain legal advice before, during or after mediation.
Do Lawyers Attend Mediation?
That depends on the mediation process and circumstances.
Some mediations occur directly between the spouses and mediator, with each party consulting their lawyer separately.
Other mediation arrangements may involve lawyers.
The appropriate format depends on the case.
At WIN/WIN, discuss your circumstances and any existing legal representation before the mediation begins.
Can We Mediate Only One Issue?
Yes.
Mediation does not need to cover the entire separation.
Suppose you already agree about:
- property;
- debts;
- support; and
- the basic parenting schedule.
But you cannot agree about summer vacation.
The mediation can potentially focus on that unresolved issue.
Similarly, financial mediation might concentrate on the family home when everything else has been resolved.
What If We Reach Agreement on Some Issues but Not Others?
Partial agreement can still be valuable.
Suppose five issues are disputed when mediation begins and four are resolved.
The remaining disagreement has not disappeared, but the overall conflict has been narrowed substantially.
The parties can then obtain advice about how to address the remaining issue.
Mediation should not be viewed as a process that either resolves 100% of everything or has failed.
Is a Mediation Agreement Legally Binding?
The mediation process itself should not be confused with a formal separation agreement.
During mediation, parties work toward decisions.
Those decisions can then be documented appropriately.
For WIN/WIN clients, that distinction creates the bridge between mediation and paralegal services.
First resolve.
Then document.
A properly prepared separation agreement is different from informal notes about what was discussed during mediation.
The parties should obtain independent legal advice regarding the agreement and their individual rights and obligations.
Why Is Independent Legal Advice Important?
A mediator cannot advise each party individually because doing so would conflict with the mediator’s neutral role.
Independent legal advice gives each person an opportunity to speak privately with their own lawyer.
The lawyer can explain:
- legal rights;
- legal obligations;
- consequences of the agreement;
- potential risks;
- issues that may have been overlooked; and
- whether further information is required.
Using mediation does not mean eliminating lawyers from the process.
It can mean using lawyers differently.
Can WIN/WIN Prepare the Separation Agreement?
Yes.
This is one of the key advantages of the WIN/WIN service model.
When the parties have reached the necessary decisions, WIN/WIN can assist with preparation of their separation agreement as part of its paralegal services.
This means the process does not necessarily end with:
“Congratulations, you agreed. Now go figure out what to do next.”
Instead, the mediation can lead naturally into documentation.
Can WIN/WIN Handle the Uncontested Divorce Afterwards?
WIN/WIN also assists with uncontested-divorce documentation.
For married spouses who have resolved their issues and satisfy the applicable divorce requirements, this can create continuity through several stages of the separation.
A couple might first contact WIN/WIN because they disagree.
They mediate.
They reach agreement.
WIN/WIN assists with the separation agreement.
The parties obtain appropriate independent legal advice.
Later, WIN/WIN assists with the uncontested-divorce documentation.
That progression is one of the most important distinctions between WIN/WIN and a mediation-only service.
What If We Already Agree on Everything?
Then mediation may not be necessary.
WIN/WIN does not need to manufacture a dispute in order to provide a service.
If you have already resolved the relevant issues, the appropriate next step may be separation-agreement preparation.
If you already have the necessary agreement and are at the appropriate stage, you may need uncontested-divorce assistance.
The initial discussion can help identify where you actually are in the process.
What Is the Difference Between Mediation and an Uncontested Divorce?
They are different stages.
Mediation helps resolve disagreements.
A separation agreement documents the terms reached by the parties.
An uncontested divorce is the legal process for ending the marriage when the divorce is not being contested.
Mediation can therefore be the process that makes an uncontested divorce possible later.
What Is the Difference Between a Mediator and a Divorce Lawyer?
A family lawyer represents a client.
A mediator remains neutral between the parties.
A lawyer can give their client legal advice.
A mediator cannot provide independent legal advice to either spouse.
A lawyer may negotiate on behalf of a client.
A mediator facilitates negotiation between the parties.
A lawyer can advocate for a particular outcome for their client.
A mediator does not advocate for one spouse’s preferred outcome.
Neither role is inherently a replacement for the other.
They serve different purposes.
Mediation vs. Arbitration: What Is the Difference?
The distinction is important.
A mediator facilitates decisions made by the parties.
An arbitrator can make decisions for the parties within the scope of the arbitration process.
Mediation therefore preserves decision-making authority with the separating spouses.
If they cannot agree, the mediator does not simply decide the answer for them.
Mediation vs. Court: What Is the Difference?
Court is adjudicative.
Each party presents their position and asks a judge to make a decision according to the law.
Mediation is facilitative.
The mediator helps the parties attempt to reach their own agreement.
Court may be necessary or appropriate in some cases.
Mediation may be appropriate in others.
The objective is not to claim one process is universally superior.
It is to use a process suited to the family’s circumstances.
What Should We Bring to Divorce Mediation?
Preparation depends on the issues being discussed.
For financial mediation, you may need documents relating to:
- income;
- taxes;
- bank accounts;
- investments;
- registered accounts;
- pensions;
- real estate;
- mortgages;
- debts;
- businesses; and
- other assets and liabilities.
For parenting discussions, it can help to consider:
- children’s school schedules;
- extracurricular activities;
- parents’ work schedules;
- transportation;
- holidays;
- existing parenting routines;
- travel; and
- any special needs or circumstances affecting the children.
Most importantly, come prepared to identify what you need to resolve.
How Should I Prepare Mentally for Mediation?
Try to distinguish between three things:
Positions
“I must keep the house.”
Interests
“I want the children to have stability.”
Practical realities
“Can I qualify for the mortgage and afford the home on one income?”
Those are not the same question.
Mediation can become more productive when parties move beyond fixed positions and examine the interests and practical concerns underneath them.
What Makes Divorce Mediation More Successful?
There is no formula, but several behaviours can help:
- provide accurate information;
- prepare financial disclosure;
- listen to the other person’s concerns;
- identify priorities;
- consider multiple solutions;
- ask questions when something is unclear;
- obtain professional advice where needed;
- focus on practical outcomes;
- avoid using mediation simply to punish or exhaust the other person; and
- remain willing to reconsider proposals when new information becomes available.
Successful mediation does not necessarily mean either person gets everything they originally wanted.
It means the parties have found terms they can both accept.
What Can Cause Mediation to Break Down?
Problems can arise when:
- information is deliberately withheld;
- one person refuses to participate meaningfully;
- one party uses intimidation;
- negotiations are conducted in bad faith;
- financial disclosure is incomplete;
- someone expects the mediator to take sides;
- unrealistic positions become immovable; or
- mediation is being used in circumstances where it is not safe or appropriate.
Recognizing these problems early can prevent time from being wasted.
What Happens If Mediation Fails?
You still have options.
You can obtain independent legal advice.
You may continue negotiations through lawyers.
Another form of dispute resolution may be appropriate.
Or court intervention may ultimately be required.
Information gathered and issues clarified during mediation may still help identify exactly what remains unresolved.
Is Mediation Confidential?
Confidentiality is an important feature of mediation, but the precise terms and legal limits should be understood before beginning.
Clients should review WIN/WIN’s mediation agreement and ask questions about confidentiality, record keeping, disclosure and any applicable exceptions before participating.
Safety and legal reporting obligations may create exceptions in particular circumstances.
Never assume that “confidential” means there are absolutely no exceptions under any circumstances.
Can Common-Law Couples Use Mediation?
Yes.
Mediation is not limited to married couples.
Unmarried or adult interdependent partners may also need to resolve:
- parenting;
- child support;
- partner support;
- property;
- debts; and
- other separation issues.
The legal framework may differ from that applying to married spouses, so obtaining independent legal advice can be particularly important.
Can Mediation Help Us Protect Our Children From Conflict?
It can provide a process designed to keep parents focused on resolving issues rather than escalating them.
Canadian divorce legislation specifically emphasizes protecting children from conflict arising from divorce proceedings and focusing on their best interests.
That does not mean parents must agree about everything.
It means disagreements should be handled, as much as possible, without placing children in the middle.
Children should not be used as messengers, negotiators or sources of information about the other household.
Is Divorce Mediation Right for Us?
Consider asking yourselves:
Can we both participate voluntarily?
Can we communicate with assistance from a mediator?
Are we willing to exchange necessary information?
Are we willing to consider possible solutions?
Can each of us say no to a proposal without fear?
Are there safety concerns that need to be addressed?
Do we understand that the mediator will remain neutral?
Are we prepared to obtain independent professional advice where necessary?
If the answer to those questions suggests mediation may be appropriate, an initial conversation can help determine the next step.
Why Choose WIN/WIN Divorce Resolution for Mediation in Calgary?
WIN/WIN’s approach is built around resolution.
The objective is to help the parties reach an agreement that is equitable to both parties in the most amicable and affordable way.
The parties must identify the issues to be resolved and determine whether they can make those decisions themselves with the assistance of a neutral mediator.
There is also an important practical difference:
WIN/WIN can assist beyond the mediation session.
When the parties reach agreement, WIN/WIN’s paralegal services can assist with preparation of the separation agreement.
When married spouses later proceed toward an uncontested divorce, WIN/WIN can assist with that documentation as well.
The result is a clear pathway:
- Resolve the disagreement through mediation.
- Document the decisions in a separation agreement.
- Obtain appropriate independent legal advice.
- Proceed toward an uncontested divorce when applicable.
For many couples, that is a more constructive way to approach separation.
Divorce Mediation in Calgary: Start With a Conversation
You do not need to have everything figured out before contacting a mediator.
In fact, uncertainty is often the reason people seek mediation.
You may know that the relationship is ending but have no idea what happens next.
You may agree about the children but not the house.
You may agree about the property but disagree about support.
You may agree about almost everything except one issue.
Or you may already have an agreement and discover that you do not need mediation at all.
The first step is identifying where you are.
Speak With WIN/WIN Divorce Resolution
If you are separating or divorcing in Calgary or Alberta and want to explore whether mediation is appropriate, contact WIN/WIN Divorce Resolution.
WIN/WIN Divorce Resolution
Calgary, Alberta
Shelly-Ann Petz — Mediator & Paralegal
Telephone: 403-462-4996
A free 20-minute telephone consultation is available to discuss your situation, the issues that remain unresolved and which WIN/WIN service may be appropriate.
The objective is not to create a fight.
It is to find a workable way forward.
Frequently Asked Questions About Divorce Mediation in Calgary
What does a divorce mediator do?
A divorce mediator is a neutral person who facilitates discussions between separating spouses or partners and helps them explore possible resolutions. The mediator does not decide the outcome or provide either party with independent legal advice.
Can a mediator give legal advice in Alberta?
A mediator acting neutrally between the parties does not provide independent legal advice to either spouse. Each party can consult their own Alberta family lawyer for advice about individual legal rights and obligations.
Do I need a lawyer if I use a mediator?
Using mediation does not prevent you from obtaining legal advice. A mediator and lawyer perform different roles. Independent legal advice can be important before finalizing a separation agreement.
How much does divorce mediation cost in Calgary?
The total cost depends on the mediator’s fees, number and length of sessions, complexity of the issues and amount of preparation required. Contact WIN/WIN for its current mediation fees rather than relying on an outdated online price.
How many mediation sessions does divorce take?
There is no fixed number. A couple with one unresolved issue may require much less mediation than spouses dealing with parenting, support, property and complex finances.
Can mediation address child support?
Yes. Child support can be discussed in family mediation. Accurate income and other relevant financial information is important.
Can mediation address spousal support?
Spousal support can be discussed during mediation. Because entitlement, amount and duration can involve significant legal issues, independent legal advice may be appropriate.
Can mediation divide property?
Property matters can be discussed in mediation. Parties should have adequate financial disclosure and obtain legal, tax, valuation or other professional advice where required.
Can we mediate if we have children?
Yes, where mediation is appropriate. Parenting arrangements, communication, child support and related issues are common subjects of family mediation.
Can we mediate if we do not get along?
Potentially. You do not need to be friends or agree about everything. The mediator must nevertheless consider whether both parties can participate safely, voluntarily and meaningfully.
Is mediation appropriate if there has been family violence?
Not necessarily. Family violence, coercive control, intimidation and significant power imbalances can make mediation inappropriate. Safety concerns should be disclosed and carefully assessed.
Can WIN/WIN prepare our separation agreement after mediation?
Yes. Once the parties have reached the necessary decisions, WIN/WIN provides paralegal services that can assist with preparation of a separation agreement.
Can WIN/WIN do our divorce after mediation?
WIN/WIN also provides uncontested-divorce document preparation. For some married clients, mediation can therefore lead into separation-agreement preparation and later an uncontested divorce.
What if we already agree on everything?
You may not need mediation. If the necessary decisions have already been made, separation-agreement preparation or uncontested-divorce services may be the more appropriate next step.
What if mediation resolves only some of our issues?
Partial resolution can still be useful. You can obtain independent legal advice about the issues that remain unresolved and consider the appropriate next process.
Is mediation the same as couples counselling?
No. Mediation is a dispute-resolution process focused on resolving issues arising from separation. It is not relationship counselling or therapy.
Is mediation the same as arbitration?
No. A mediator helps the parties attempt to make their own decisions. An arbitrator can be authorized to make a binding decision when the parties do not agree.
Can common-law couples use WIN/WIN mediation?
Yes. Unmarried separating partners may also use mediation to address parenting, support, property and other separation issues, subject to suitability and the circumstances.
Important Information: This article provides general information only. It is not legal, tax, accounting, investment or financial advice. WIN/WIN Divorce Resolution provides information, mediation and paralegal services and does not provide legal advice. Shelly-Ann Petz acts as a neutral mediator and does not represent either party. Obtain independent advice from an Alberta family lawyer and other qualified professionals concerning your individual circumstances when appropriate.