The mediation process can include parties meeting with the Mediator on their own (i.e., without their lawyers present at the mediation) or the parties and their lawyers meeting with the Mediator. The Mediator is a neutral third party who facilitates and controls the discussions between the parties or the parties and their lawyers if lawyers are present.
Generally, there are two types of mediation:
In the context of family mediation some or all of the following issues generally require resolution:
Closed Mediation
At Ruppert McCarthy we practice closed mediation. Closed mediation means what is said and offers exchanged in the mediation are confidential and cannot be used in another proceeding. Closed mediation encourages an open, more candid communication style between parties.
Suitability and Readiness for Mediation
Mediation is not suitable in all circumstances.
Heidi and Terry are knowledgeable about family law in Ontario. For mediations without lawyers present (Party Only or 3 Way Mediations) each party will have a confidential pre-mediation intake meeting prior to the first joint mediation session. Some of the goals of the pre-mediation meeting are for the Intake Mediator to assess whether mediation is suitable, assess the client’s readiness to mediate, and prepare the client to mediate. Mediators can give parties a general overview of the law and how it generally applies to the issues in dispute. Mediators cannot give parties individual or independent legal advice nor will they impose a decision upon the parties.
The Mediator’s Role
The Mediator acts as an independent, neutral third party who has no decision making power. The Mediator’s primary function in the process is to promote constructive discussion between the parties and to assist them in generating workable options to resolve their issues.
Heidi and Terry understand and are knowledgeable about the law. he Mediator may give parties a neutral a general overview of the law and how it may apply to matters to be resolved. They will not give the parties legal advice or impose a decision upon them.
The Mediator will help the parties identify issues and concerns and prioritize them within a manageable agenda.
The Mediator will assist the parties in identifying and obtaining relevant information and documentation. The Mediator will ensure that the process works fairly for both parties and that each party is able to express his or her needs and interests. It is normal for parties to be at different places in their acceptance of the separation. The Mediator will control the pace of the mediation to ensure that it is suitable for both parties.
It is common that parties to the mediation have unequal negotiation or bargaining skills. The Mediator will ensure that the party with less skill in a particular area is able to participate fully and not be overwhelmed by the more skilled party. If the Mediator believes the process can’t operate fairly for both parties, the mediator will end the mediation process.
The Mediator acts as a conflict manager to ensure that the mediation process is civil, respectful and constructive.
The Mediator will generally provide a written summary after each session and may provide a list of tasks for the parties to complete before the next session. This will keep the process moving and will reduce time and costs.
Where parties reach agreement, the Mediator will prepare a draft agreement for review by the parties and their lawyers. The Mediator will also prepare an electronic financial disclosure package which contains all of the relevant financial documents. The electronic financial disclosure package is provided to the clients and to their lawyers.
The Parties' Role
Parties should come prepared to work hard, compromise, negotiate and settle issues. Parties must be prepared to accept that their common law relationship/marriage has come to an end and that a written agreement should be put in place to clearly set out rights and obligations.
Before the mediation, parties should consider what is important to them and what may be important to the other party. As well, parties should consider solutions that meet their interests and the interests of the other party.
Parties must be prepared to listen to what the other is saying and to make full and open financial disclosure.
The Lawyers’ Role
Agreements reviewed by lawyers knowledgeable in family law is an important step in making sure the agreement protects the parties’ legal rights. As well, parties who have received independent legal advice before signing the agreement can expect the agreement will more likely withstand any subsequent challenge to its validity if such occurs. While it is not necessary to have independent legal advice for a written, signed and witnessed agreement to be legally binding, it is recommended that parties consult a lawyer before signing any final agreement.
Some parties may wish to consult with their lawyers only before they sign an agreement while others may prefer to consult with their lawyers before and during the mediation process. For those clients who do not have lawyers, the Mediator, can recommend lawyers who practice family law and who will support the client in the mediation process.
This section is primarily relevant to parties who wish to attend mediation without their lawyers present at the mediation.
Setting up the Process
Parties contact Heidi Ruppert (hruppert@ruppertmccarthy.com) by email to request mediation. Heidi will send the requesting party an intake email including intake documents. Completed intake documents should be sent to Heidi Ruppert by e-mail and once Heidi receives both parties’ completed intake documents, she will send dates for the first joint mediation session. Once the first joint mediation session is booked the confidential, individual pre-mediation meetings will be booked in advance of the first joint mediation session.
Individual pre-mediation meetings are generally 1.0 to 1.5 hours in length and joint mediation sessions are generally 3.0 hours in length. Times may vary as required and will be arranged on scheduling.
Click Here to go to Intake Documents.
Individual Pre-Mediation Meeting
The Joint Mediation Session
A typical joint mediation session will include the following steps:
In mediations where lawyers attend the mediation with clients (i.e. Lawyer Assisted Mediations or “5 Way Mediations”) the lawyers’ offices will contact the mediator to coordinate and schedule the mediation session. The mediator will communicate with the lawyers’ offices directly and the lawyers’ offices will send the clients the necessary intake documents, and they will provide the mediator with the necessary financial or other information for the mediation.
Preparing Mentally
The Intake Mediator and Mediator will assist parties in achieving these goals.
Preparing for Financial Mediation
Heidi and Terry use the financial programs and forms used by parties’ lawyers and the court.
It is not necessary for parties to have completed a financial statement with a lawyer in advance of the first mediation session. It is typical and cost effective for parties to work with the mediator to gather and prepare all necessary financial information and statements. (Click here to print a Financial Statement)
Some parties may have completed a financial statement with their lawyers. If so, parties or their lawyers should send the Mediator, in advance of the first mediation session, an electronic copy of the financial statement, as well as the supporting documents.
Parties and/or their lawyers will be provided with an electronic financial disclosure package including all relevant financial information disclosed in the mediation. This package contains the relevant financial documents that will allow parties’ lawyers to provide independent legal advice on financial issues.
Parties and/or their lawyers will be provided with a financial disclosure pckage electronically to manage and organize all relevant financial information. The binder contains all of the relevant financial documents that will allow clients’ lawyers to provide independent legal advice on the financial issues. This reduces the time and cost for lawyers.
Parties should gather and provide the Mediator with the following information and documentation:
Income Documents (gather all that are applicable to you)
Income Documents if Self Employed or if You Own a Business
Documents Concerning Asset and Debt Values
Both parties need to provide the relevant financial documents. For married couples, there are two relevant dates when gathering information: one is the “valuation date” which is the “date of separation” and the other is the day prior to marriage.
The “valuation date” or the “date of separation” in law is the date at which there was no reasonable prospect of reconciliation. The parties do not necessarily have to be living in separate residences to be considered “separated”. If parties have not agreed to a “date of separation” then this will be an issue for discussion in the mediation.
The day prior to marriage is the date to assess what assets and debts each party brought into the marriage. Depending on the length of the marriage it may be difficult to find statements confirming the value of the assets and debts brought into the marriage. Parties should make best efforts to obtain these statements, if applicable.
If possible the parties should provide statements as of the date of separation and for 3 months prior and 3 months following the date of separation. Parties should include any asset or liability which they own in their name alone, together with their spouse or together with someone other than their spouse. Each party will be required to provide statements confirming the value of their assets and debts on the date of separation and the date of marriage, if applicable. The following are examples of possible assets and debts:
Assets
Debts
Other Important Papers
Preparing for Parent Mediation
The Mediator will assist parties to work through all necessary parenting considerations. In advance of the mediation, the parties should consider the following:
How will decisions be made concerning the children, relating to the following:
Where will the children live?
How will parents share the following holidays and special occasions?
How will changes to the schedule be communicated? Does a parent make up for missed time? And if so, how? What is the involvement of extended family? How will parents exchange information about the children? How will children communicate with one parent while they are in the care of the other parent? Who will look after the children if a parent is not available on his/her regularly scheduled time? Who are the approved caregivers? What arrangements should be made if a parent wants to travel with the children?
What if a parent wants to change their residence locally or move the residence of the children?
Who can attend child functions outside the home(e.g. school plays, sporting events)? Can a parent change a child’s name? What happens if one parent dies? If both parents die? How are new partners introduced into the children’s lives?
Both parties must send the Mediator their completed intake documents before the Mediator schedules a date for mediation. The intake documents are:
Mediation Fees
The Intake-Mediation is a flat fee of $275.00 per person, plus HST. The Mediator charges for mediation is $400.00 per hour plus HST. The Mediator charges for:
Parties share the Mediator’s fees equally. Ruppert McCarthy accepts e-transfers directed to hruppert@ruppertmccarthy.com, cheques made payable to Ruppert McCarthy ADR Inc., Visa and MasterCard. Parties are required to pay an advanced deposit to secure their mediation appointments per the Payment Policy. If other professionals are required (such as a pension valuator, business valuator, accountant, etc.) parties pay these professionals directly.
Mediation with Lawyers Present
Mediation with lawyers present are generally booked for a half-day or full-day. Client’s share equally the Mediator’s fees/costs plus HST. In addition, each party is responsible for paying their lawyer directly.
What is mediation?
Family mediation is a process in which an independent and neutral third party professional assists the parties in negotiating the outstanding issues between them.
What are the benefits of mediation?
Mediation provides the following benefits:
How much does it cost?
This will depend on the number of issues and the willingness of the parties to reach an agreement. Each case has its unique characteristics. All time required by the Mediator for the matter is billed at his or her hourly rate, and this usually is divided between the parties. See Costs/Fees.
Do I need a lawyer?
No, however, while no one can force you to go and see a lawyer, it is in your best interests to consult a lawyer either before or after the first mediation session, before signing the final separation agreement and as often as is necessary in between.
How long does the process generally take?
This depends on the parties, the complexity of the issues, level of conflict and level of agreement or disagreement. Generally, 2 to 4 sessions, approximately 3 hours per session, plus the Mediator’s time to prepare a draft agreement. In addition, if the parties are seeking independent legal advice, the time required to meet with their lawyers and for the lawyers to provide feedback. Generally, mediations with lawyers attending at the mediation are booked for a half day (4 hours) or a full day (4+ hours). Where lawyers attend the mediation and parties settle, often a settlement document is prepared and signed during the mediation.
Can I terminate the mediation process?
Yes, mediation is a voluntary process. Either party or the Mediator may terminate the mediation. If a party wishes to terminate the mediation the Mediator may wish to speak briefly to that party to ensure he or she fully understands the consequences of terminating the mediation.
Do I need to have a good relationship with my spouse in order to mediate?
No. Most communication and relationship problems can be managed in the mediation process. Caucusing (where the Mediator meets one on one with each party separately during the joint mediation session) can help to minimize personality conflicts and power imbalances.
What if I think my spouse is a better negotiator than I am?
In almost every case, one spouse is a better negotiator than the other. However, there are many factors in the mediation process which help to equalize bargaining power. The Mediator is trained to manage an imbalance in negotiating skills.
Do I need to be separated before the mediation starts?
No. Mediators can deal with conflicts in ongoing relationships, where a separation is imminent, or in post-separation situations. Mediation can take place before or after parties physically separate.
Is the agreement I reach with my spouse legally enforceable?
Yes, if your agreement is reduced to writing, dated, signed and witnessed. One of the Mediator’s jobs is to prepare a separation agreement reflecting the parties’ agreement.
How do I set up a mediation appointment?
Contact the Mediators directly:
Heidi Ruppert: Telephone: 613-233-0233 ext 225 E-Mail: hruppert@ruppertmccarthy.com
Terry McCarthy: Telephone: 613-233-0233 ext 224 E-Mail: tmccarthy@ruppertmccarthy.com