Kavita V. Bhagat is an accredited mediator.
Family law mediation is a valuable process that allows couples going through a separation or divorce to resolve their disputes amicably and collaboratively, without going to court. Mediation provides a neutral setting where both parties can discuss their concerns and work towards mutually agreeable solutions on key issues such as property division, spousal support, child custody (decision making), access (parenting time) and child support. It is often a faster, more cost-effective, and less stressful alternative to litigation. Our experienced family lawyers offer mediation services to help you navigate these challenging times and find solutions that prioritize your family’s well-being.
What is Family Law Mediation?
Mediation is a method of resolving disputes with the assistance of a neutral third party also known as a mediator. It is a process designed to brainstorm and arrive at a settlement that fits your specific needs with minimal conflict and delay at a fraction of the cost. This is a voluntary process. Unlike litigation, where a judge imposes decisions, mediation empowers both parties to take control of the outcome, ensuring that the solutions reflect their needs and circumstances.
The mediator’s role is to guide discussions, help clarify issues, and promote cooperation. They do not make decisions for the parties but instead work to foster productive communication and assist in finding compromises that both Parties can agree on.
The Mediation Process
The Parties are required to sign an agreement to mediate which outlines the specifics of the process and respective requirements. They will decide to have either an open or closed mediation and the degree of documentary disclosure. Most Parties choose closed mediation as it is private and confidential. This means that neither Party nor the mediator may give evidence in a legal proceeding about what was said during the mediation.
In most cases each Party will be required to provide at least a financial statement and potentially other documentation to ensure discussions are open and canvass all the issues properly. Once an agreement is reached, the mediator may draft a mediation agreement based on your discussions.
“I always recommend that each Party have the mediation agreement reviewed by a qualified family lawyer and drafted into a legally binding separation agreement.”
– Kavita V. Bhagat
Your respective lawyers may attend the mediation, but it is not required, nor are the Parties required to have a lawyer other than to obtain independent legal advice after the mediation agreement has been reached thus saving cost.
Your mediation agreement is not binding until it is transcribed into a duly executed separation agreement. After which, the Parties can choose to file it with the court, however, that is not necessary. So long as the agreement is duly executed, the terms are legally binding and enforceable. Successful mediation requires that both spouses be willing to make concessions on the issues being discussed.
Benefits of Family Law Mediation
Cost-Effective: Mediation is often much less expensive than going to court. By avoiding lengthy legal proceedings, both parties save on legal fees and court costs.
Faster Resolution: Mediation can resolve disputes more quickly than the traditional court process, which can take months or even years to complete. This allows you to move forward with your life sooner.
More Control: Mediation allows both parties to maintain control over the decisions that affect their lives. Rather than leaving critical issues in the hands of a judge, mediation encourages collaboration and helps create solutions that work for everyone involved.
Reduced Conflict: The mediation process is designed to be cooperative and constructive, which can help reduce animosity between the parties. This is especially important when children are involved, as it sets a positive tone for future co-parenting.
Confidential: Unlike court proceedings, which are public, mediation is a private process. This allows both parties to discuss sensitive issues openly, without fear of public exposure.
Key Issues Addressed in Family Law Mediation
Property Division/ Equalization: Mediation allows separating couples to negotiate the division of assets and debts in a way that reflects their individual needs and contributions. This includes the family home, bank accounts, investments, and personal property. Our mediators help both parties work towards a fair and equitable distribution of property.
Spousal Support: Determining spousal support can be contentious, but mediation provides a platform for both parties to discuss their financial situations and negotiate an agreement that balances financial fairness with each party’s needs.
Child Custody and Parenting Arrangements: Mediation is often highly effective for resolving child custody and parenting time disputes. The goal is to create a parenting plan that prioritizes the best interests of the children while ensuring that both parents maintain an active role in their children’s lives.
Child Support: Mediation helps ensure that child support agreements comply with federal and provincial guidelines, while also considering special expenses such as education, healthcare, and extracurricular activities. Both parties can work together to create a sustainable support plan that meets the needs of their children.
Why Choose Kavita V. Bhagat for Your Mediation?
At Kavita V. Bhagat Family Law solutions, our mediation services are designed to help couples resolve their disputes peacefully and efficiently. We understand the emotional and financial stresses that come with separation, and we are dedicated to helping you reach agreements that protect your rights and the well-being of your family. Contact us today to schedule a consultation and learn how our mediation services can benefit you and your family.