The Process

The process of mediation begins with a private meeting between the mediator and each of the parties. During these intake sessions the mediator will get an idea of the issues which will be in contention and assess whether yours is an appropriate case for mediation.

After the intake meetings you and your spouse will meet with the mediator together or separately as many times as necessary to work out an agreement.  The mediator will look at constructive options and make suggestions/facilitate resolutions.

Once an agreement has been reached the mediator will draft a Memorandum of Understanding. Each party will take this memorandum to his/her lawyer to obtain independent Legal Advice (ILA).  One lawyer will then draft a formal Separation Agreement which both of you will sign.

The parties can then obtain an uncontested divorce by joint application to the court. The divorce order is what dissolves the marriage if there one. The terms of the separation agreement you have arrived at in mediation will continue in effect even though a divorce has been granted.

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