Family Lawyers in Niagara
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Mediation
Mediation is a full-service process used to resolve your parenting, support, and property issues related to your separation and divorce without going to court. Whether you are married or in a common-law relationship, we can help.
Your mediator will help you and your spouse/partner discuss even the most difficult issues together and will facilitate a resolution. You stay in control of the decision-making process. Mediation is a voluntary process, so you will not be pushed into any particular resolution. It is up to you how you resolve the issues, together.
What is the process with mediation?
Even if you and your spouse are unable to discuss issues on your own, your mediator will help you have a productive, respectful conversation, and will assist you to develop a plan going forward that works for both of you.
Your mediator will work to ensure the best possible outcome for both parties, created in a safe and respectful process. Whether your issues are only financial, or if you also need a parenting plan, the mediator will focus on creatively resolving the issues in a way that both parties feel is reasonable.
The steps are as follows:
1
The first step is to ensure that both you and your spouse/partner are willing to participate in mediation.
2
Once your mediator is retained (this means you have paid the fees and signed a contract), you will receive an “Our Family in Two Homes” resource package for each of you to complete privately – on your own time. The workbook will help you better prepare for the discussions you will have in joint mediation sessions, including exercises to help understand your communication and conflict challenges and your shared values, and provide you with an overview of the law.
3
Your mediator will meet with each of you separately for 60 – 90 minutes so that you can confidentially express your needs and concerns, ask questions about the mediation process and prepare for the joint mediation sessions. You will also discuss the financial information you need to gather and organize to ensure your mediation sessions are productive.
4
Your first joint mediation session (both of you + your mediator) will be scheduled, usually for 2 hours, where you will all begin your work together to address your challenges and issues.
5
We offer a comprehensive resource package to support your mediation journey. Each of you is asked to contribute equally when you receive your workbooks. After the first joint session, you’ll have the option to continue with either a flat rate or an hourly arrangement based on your mediator’s standard rate.
By the end of that initial session, you’ll both have a clearer understanding of your situation, and we’ll be better equipped to estimate how much additional mediation time may be needed. Most separating couples require between two and four joint sessions, though the exact number depends on your ability to communicate effectively, gather necessary information, and manage conflict constructively.
6
After an agreement has been reached in principle, your mediator will create a Mediation Report, which is their understanding of the terms of the agreement. It is not a legally binding agreement. To ensure your rights are protected, each of you will take the Mediation Report to your own lawyer for independent legal advice. One of the lawyers will draft a Separation Agreement based on the Mediation Report. Once signed by both parties, this legally binding contract is enforceable by the court should there be any breaches of its terms.
During joint meetings, you and your spouse/partner will discuss your underlying interests, goals, concerns, values and priorities. Together, you will discuss potential solutions that meet each person’s underlying interests. You will have a deal.
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Dedicated lawyers who truly care about outcomes and family
This firm has heart, and they take your matters through the process efficiently with your best interests in mind.
Erik Zander
Frequently Asked Questions
This will depend on the number of sessions required and the mediator's fee structure (flat rate or hourly). Because you share the cost and settle matters yourselves, family mediation in Ontario is usually far less expensive than a contested court case. Most couples have a better idea after the first joint session, once the issues at play are clear.
In mediation, you make the decisions with a neutral mediator's help rather than a judge imposing them. That's why mediation vs litigation in Ontario is often quicker, more private, and less adversarial. The court remains available when it's genuinely needed, but for most families it isn't the starting point.
Yes, and the two roles work together rather than overlap. A mediator helps you reach terms, but a family mediation lawyer in Ontario provides the independent legal advice each of you needs before a Mediation Report becomes a binding Separation Agreement. That review step is what makes the final agreement enforceable.
Mediation works best when both people can participate openly and safely. If there's a serious power imbalance or one partner won't disclose finances honestly, divorce mediation in Ontario may not be appropriate, and another path may better protect you. A brief conversation with a lawyer can help you determine which situation you're in.
Questions?
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At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
