Mediation is a voluntary process where you and your spouse
choose to work together with a neutral mediator to resolve all of the issues that
must be sorted out in a separation and/or divorce such as the parenting arrangements for
your children, how to divide your property and support the children and each other. The
mediator may be a family law lawyer, but not necessarily so.
Mediation works best where both parties are a fairly equal footing – in other
words neither party has more power that the other. Examples of power imbalances are
couples where one party has significantly more wealth than the other; where one party
works outside the home and the other does not. It is also best where the parties still
retain some respect for each other.
The mediator cannot act as a lawyer for either party, nor can he/she give legal advice
to you. When you have reached an agreement on the issues, the mediator generally drafts a
‘memorandum of understanding’ which you each then take to your lawyers who will
provide you with independent legal advice.
