Why
mediation?
Many people who are going through a separation
want to resolve custody, access, support, and division of assets without going to court.
Mediation can be a cheaper, quicker, less stressful option.
Some people want to resolve separation/divorce issues without involving professionals. This
could be a serious mistake. A good mediator will be aware of issues, options, and
solutions that an untrained person would not think of. A good mediator can also prevent
people from entering into illegal or unwise separation agreements, which can have serious,
unintended, long-term consequences.
Also, people may be more committed to an agreement that is reached cooperatively (as opposed
to an agreement reached through litigation). With mediation, the parties are directly
involved in the outcome.
What does the mediator do
and not do?
A good mediator:
- Assesses whether mediation is appropriate in a given
case
- Meets with the spouses together and separately, as
appropriate
- Helps to define and identify the issues
- Helps to predict issues that the spouses have not
anticipated
- Opens channels of communication between the spouses
- Helps each spouse articulate his/her needs
- Helps each spouse understand the needs of the other
spouse
- Where appropriate, obtains input of the children,
teachers, grandparents, etc.
- If requested, makes recommendations to the spouses
- Consults with each party's lawyer to ensure that all
relevant issues are canvassed at the mediation
- Helps the spouses reach a settlement that both sides are
comfortable with
- Helps the spouses put the common ground between them
in writing for the spouses’ lawyers to consider
- Does not take sides
- Does not decide the case
- Does not have the authority to force the parties to
settle or to take a position
- Does not act as either spouse's lawyer
|
Gene
C. Colman, Mediator
A good mediator should be well trained. I
have been trained in mediation by two of the leading Canadian experts in family mediation: Dr.
Barbara Landau and Prof. Howard Irving. A good mediator listens well and helps the parties
generate reasonable options.
Gene
C. Colman, Lawyer
Even if you are entering mediation, you need good, competent legal advice. It is essential
that each spouse have his/her own lawyer to help him/her navigate the issues that arise during
mediation. Involving lawyers does not mean that the dispute has to go to court!
To contact Gene C. Colman, click here.
If you would like to learn more about my expertise,
click here.
If you would like to read my Articling Student's paper
on Power Imbalances in Divorce Mediation, click here.
|