“Mediation is a voluntary and confidential process through which common law or married couples can settle issues arising from their separation without going to court.
As the mediator, my role is to facilitate and focus discussions between the parties so they can design their own solution to their conflict, and ensure that the agreement they reach withstands the test of time.
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Using mediation, a separated couple can openly and honestly discuss and negotiate parenting (decision-making, scheduling), child and/or spousal support, division of family property and other issues specific to their family. With significant experience as a family law lawyer (since 1994) and children’s lawyer (since 2001), I am well placed to assist parties as they navigate through each of these issues.
Mediation can also be an effective mechanism to negotiate a Cohabitation or Marriage Agreement, allowing parties to talk about their future expectations in a safe and respectful environment. I can also assist in other situations of family conflict such as issues with the blending of families, sibling disputes around care of an aging parent, etc.
The Mediation Process
During a mediation, I am able to provide legal information, however I cannot provide legal advice or a legal opinion. I do not have the power or authority to impose a decision, rather I work alongside the parties to aid them in reaching an agreement that respects both person’s rights and responsibilities and that provides a road map for the future.
Once a draft agreement is created, those involved will meet with their own lawyers individually to review the terms of their agreement and receive legal advice. This step ensures that each party fully understands and agrees with the content and provides significant protection against any future challenges to the agreement.
Often parties will meet with their lawyers before the mediation process begins or between meetings with me. The mediation process must be adapted to the context, and to the needs and abilities of the individuals involved.
My Role
I bring a creative, adaptive, and effective approach to the resolution of conflict. I fully understand the emotional roller coaster separation brings, and I remain empathetic through this process. As well, I have a strong understanding of family law based on my ongoing experience working as a family lawyer. I continually update my knowledge through literature reviews and continuing legal education offered by the Law Society of Upper Canada, the County of Carleton Law Association, the Ottawa High Conflict Forum, the Ottawa Association of Family Mediators and other private and public organizations.
My Approach to Mediation
I recognize that individuals move through the stress and grief resulting from a separation differently, and this must be respected throughout the mediation process. I also understand that not all conflict can be fully resolved through mediation, but that the process can aid in narrowing and defining the issues.
While some issues may require the intervention of a neutral decision-maker, such as an arbitrator or judge, others can be resolved and form the basis of a Partial Separation Agreement.
Mediation is a confidential process, thus any discussions we have cannot be later quoted in court or other documents. As well, I cannot be a witness and my notes cannot be used in any future process. These restrictions are essential to allow for a full and open discussion to find an effective, long-lasting resolution.