Introductions

Family Mediation and the New BC Family Law Act

Introductions

Objectives To provide an overview of family mediation as one of the options available to families under the new Family Law Act To discuss how family mediation can help you with your family problem To provide resources and links for your further assistance

What is mediation? The parties meet to discuss and resolve a dispute with the assistance of a neutral third party – the mediator

What types of disputes can be mediated? All types of family disputes arising out of separation and divorce: –Parenting arrangements –Property and asset division –Child support –Spousal support etc. For all types of families –Married, common law Other family issues: –Estate planning –Cohabitation and marriage agreements –Wills and estates disputes –Child protection matters

Mediation vs. Court Process Mediation –Select mediator –Pre-mediation meetings –Sign Agreement to Mediate –Exchange information –Mediation sessions (usually 2 – 3) in private room to talk Court Process – Prepare documents to start the court action – File in court – Wait for and receive reply – Wait for a court date – Applications for urgent relief

Mediation vs. Court Process (cont’d) Mediation –May include private meetings –Document proposals for agreement –Legal advice –Sign off –File with court to enforce if needed Court Process – Exchange financial info – Possibly discovery – Trial – open court / witnesses / argument – Receive judgment – Enforce judgment

Mediation is adaptable Mediation can be adapted to meet unique needs of the parties: –Parties who don’t communicate well –Violence, abuse, imbalance of power –Complex issues or financial disputes –To obtain the views of the Child

The Agreement to Mediate An Agreement signed by both parties prior at the outset of the process Emphasizes important issues such as: –Good faith –Full disclosure –Confidentiality –Maintaining the status quo –The mediator’s fees and expenses and how they will be paid

Where is the mediation held? Usually the mediation is held in a private room Sometimes the mediator has a special room or boardroom Sometimes an outside neutral space is rented Usually, only the spouses and their lawyers, if any, are there with the mediator

Mediation vs Court

Distance Mediation Using technology can increase accessibility Technology includes: –Telephone – –Web-conferencing tools These tools can be used instead of or in conjunction with an in person mediation process

Mediation is not… Counseling / therapy Reconciliation A substitute for legal advice

Benefits of family mediation Practical Affordable Confidential Timely Safe

Benefits of family mediation (cont’d) Considers interests/needs in addition to legal rights Uniquely tailored solutions Preserves relationships Families make their own decisions Agreements legally binding once signed by both parties

Does family mediation work? Over 80% of families resolved some of their issues through mediation –In Mediate BC’s family mediation practicum Research shows: –High satisfaction with the process –Savings of money, time and stress compared to court

The New BC Family Law Act Puts the interests of children first Encourages families to use mediation and other dispute resolution options before using the courts Agreements are emphasized

The New BC Family Law Act (cont’d) Family mediators must be highly qualified Mediators must: –Assess for family violence –Discuss various dispute resolution options –Advise of facilities and other resources to help the family

How to choose a family mediator? You need a mediator: –With whom you are comfortable –In whom you have confidence Do some research Start with Mediate BC’s Online Roster of Family Mediators - profiles

How to choose a family mediator? Contact more than one mediator and ask them: –For resumes and references –To describe their professional background and experience with family mediation –Whether they have a professional code of conduct –What they charge –When they are available to assist you

Why choose a Mediate BC Family Roster Mediator? Training and experience that exceeds the Family Law Act requirements Special training to ensure mediation is a safe environment Insurance Committed to ongoing professional development Must abide by the Standards of Conduct for mediators Note: Mediate BC can assist you in finding a mediator in your area

How to prepare for family mediation? Be clear about your own goals and needs Try to assess the other person’s goals and needs Seek legal advice Attend a free workshop from Justice Education Society: –Parenting After Separation; and –Separated with Children – Dealing with the Finances

Arrange for an interpreter if needed Gather supporting documents Ask questions during the pre-mediation session with your mediator How to prepare for family mediation?

Demonstration Sally and Jim have been married for 10 years. They have two children, Sophie (8 years old) and Bobby (5 years old). They live in Surrey and own their own home with a mortgage of $250, Sally works ¾ time as a dental assistant and makes a net annual income of $30,000. Jim is self-employed as a welder and in a good year will make $60,000 net, however during the last two years, this has been reduced to $40,000. Their separation has gone relatively smoothly with the exception of deciding what to do with the family home. They have decided to share parenting time approximately 50/50 and have negotiated a child support arrangement.

How much does mediation cost? Each mediator sets his/her own fee Varies depending on: –# of parties –Complexity of issues –Qualifications and experience of mediator –Number of sessions –Whether lawyers are participating Normally, the cost of a successful mediation will be less than the cost of going to court

Other resources and links Mediate BC website: - About Mediation and FAQswww.mediatebc.com Links: –Preparation for mediation: mediation/how-to-prepare-for-family-mediation/ mediation/how-to-prepare-for-family-mediation/ –Distance Mediation Project: Mediation/Mediating-at-a-Distance.aspx Mediation/Mediating-at-a-Distance.aspx –Family Mediation Canada:

Questions