The Mediation Process:
- Intake Form and Agreement to Mediate
- Intake Form:
- Each client is required to complete and submit an Intake Form: This form requires information, including about each party; issues to be mediated; whether the matter is in Court; any existing separation agreement(s); previous Court Order(s); contact details of parties and lawyers; basic employment and income information; information relating to children; Children’s Aid Society involvement; any existing Probation Order(s), bail conditions, peace bond, restraining order; and Privacy and technology requirements.
- Agreement to Mediate:
- Each client must complete and submit an Agreement to Mediate: This form covers information including general terms, confidentiality and exceptions, procedures for mediation; details the roles and permissions of attendees, documentation practices, the intake process, financial disclosure requirements and how children’s views are addressed, termination of mediation.
- Use of Technology Information and Consent:
- Each client is required to review the Use of Technology Information and Consent document: This document outlines the terms for conducting online dispute resolution via Zoom, including the requirement for the use of secure, private devices and internet connections; prohibitions on recording or sharing of information; practices for effective online meetings and protocols for technology failures.
- Completion of Agreement to Mediate by the Mediator: The assigned mediator reviews and signs the Agreement to Mediate. This formalizes the mediator’s role and responsibilities and gives the mediator jurisdiction.
- Scheduling Intake and Screening Appointments
- Mediator contacts each client separately: The mediator reaches out to each client to schedule individual intake and screening appointments. The intake and screening appointment is to gather additional information and to screen for power imbalances and intimate partner violence (IPV). This session is typically attended by the client alone unless the client wishes for their lawyer(s) to attend.
- Determine Suitability for Mediation: the mediator will, after the completion of intake and screening appointments, evaluate/assess the clients’ suitability for mediation.
- Schedule Mediation Session and readiness ahead of mediation: If mediation is deemed suitable, a mediation date is scheduled. To ensure all parties are available and prepared, clients’ and lawyers’ (if involved) availability will be canvassed for a suitable date and time for mediation. This date and time take into consideration readiness for mediation including unrepresented clients’ having an opportunity to obtain legal advice before mediation; and parties’ completing any necessary financial disclosure/documents and exchanging ahead of the mediation date. Some parties may wish to submit mediation memoranda which require agreement as to the timeline for delivery of those memoranda.
- Mediator may send an unrepresented client legal resources to ensure clients receive necessary legal information/advice before mediation.
- Upload Required Documents: Parties are provided a secure client file-sharing link for uploading disclosure which is available to both parties for review ahead of the mediation. Some basic financial documents that are required include:
• Last three years’ Income Tax Returns.
• Notices of Assessment or Reassessment, if any.
• Form 13 or Form 13.1 Financial Statement with supporting documents.
• Recent paystubs. - Mediation Session: Clients participate in the mediation session, which may be shuttled or joint (with or without lawyers) to negotiate and reach an agreement on some or all of the issues in dispute. Mediation may be in person or via Zoom.
- Documentation of Agreements: If parties reach agreements in mediation, the mediator prepares a Mediation Summary Report (MSR) which documents the agreements.
- Delivery of MSRs: The Mediator will email the MSR to the clients and lawyers (if lawyer-assisted mediation). The MSRs are delivered password-protected for privacy reasons.
- Next steps: Client and lawyers determine the next steps which may include the preparation of a comprehensive separation agreement reflecting the agreements documented in the MSR or other steps as advised by the parties’ lawyers or as agreed to by the parties.
