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The Mediation Process

How the divorce medication process works To be effective, it’s important that the mediation process follows fairly standard procedures and protocols. Typically it will look like this:

The parties prepare for mediation in much the same way as they would prepare for negotiations. The parties bring position statements, valuation reports, financial documents or other assessments with them into the mediation to use as a reference and to confirm values.

The parties prepare for mediation in much the same way as they would prepare for negotiations. The parties bring position statements, valuation reports, financial documents or other assessments with them into the mediation to use as a reference and to confirm values.

The rules of behaviour and etiquette are explained by the mediator at the commencement of the mediation to ensure that a respectful and constructive mediation occurs.

A mediation session typically lasts two to four hours with breaks throughout the session.

During the mediation each side has an opportunity to present their point of view and tell their side to the other party. The mediator does not take sides and has no decision-making authority.

Each party is asked to listen openly to the other party; to try and understand even if they do not agree with what is being said. Once each party has been heard, they are asked to think of solutions and try to come up with a mutually agreeable resolution. The mediator can be helpful by providing suggestions to the parties of ways they may consider to solve their dispute.

The mediation may be completed in just one meeting or it may require several meetings in order for the parties to resolve all of their issues. There is no limit to the number of meetings.

An interim agreement will be prepared by the mediator at the end of each mediation session summarizing what was accomplished during the mediation session. The interim agreement will be reviewed at the beginning of the next session for any changes, errors or omissions. It also reminds the parties of the progress that has been made so the mediation can move to the next step.

There may be homework to be done by the parties. The parties may be asked to gather financial information and other documents between mediation sessions. It may also be necessary for the parties to consult with an accountant, actuary or lawyer for advice.

Following the completion of the mediation, a mediation agreement or separation agreement will be drawn up based on the agreement reached during the mediation to complete the process. A mediator has no enforcement powers and does not participate in overseeing the performance of any agreement.

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