+ We've agreed on everything. Do we really need a written agreement?

Yes, you need a written agreement for family law issues in order for the agreement to be valid and enforceable. A verbal agreement in family law is not legally binding.

+ Our situation is very simple. Can we write our own agreement and have a Notary Public witness it?

The short answer is 'no'. Watch our video: DIY Separation Agreements: Thumbs Up or Thumbs Down?

It is risky to write your own Separation Agreement (or to use a generic kit, Sample Separation Agreement, or Template Separation Agreement) to prepare an agreement as chances are high that you may leave out an important detail or you may use words that have a different legal meaning than what you intend. If your agreement turns out to be problematic, it can be very expensive and sometimes impossible to correct your error.

Furthermore, if you need bank financing to take over your family home or to purchase a new home, you should know that most banks will not approve your financing on the basis of a home-made Separation Agreement.

Lastly, a Notary Public is not allowed to witness family law agreements.

+ What family law issues can be handled?

In your Separation Agreement, we are able to address all of the issues arising out of your separation that are relevant and important to you, including:

-Determination of family property and debt

-Division of family property and debt (for example, documenting the details of one of you buying the family home from the other so that you can get bank re-financing approved)

-Parenting arrangements and parenting time (formerly referred to as custody and access)

-Child support

-Special and extraordinary expenses for your children (such as daycare expenses, extra-curricular activities, medical expenses, etc.)

-Spousal support (also known as alimony)

-Decision-making and communication guidelines

-Interim arrangements, such as use of the family home, management of household expenses, and support, pending the final transfer or sale of the family home

-Other details specific to your family.

+ What's so great about online mediation?

Online family mediation is an incredibly flexible, comfortable, and time-saving process. Some of the benefits of divorce e-mediation for you are: - increase in scheduling flexibility and convenience - ability to manage family law matters in the comfort & privacy of your own space - increase in efficiency & speed of resolution - decrease of emotional triggers, like body language, facial expressions - increase in feeling of safety - lower overhead & lower cost than office-based services We find that through e-mediation many clients are better able to focus on the business of their separation without getting bogged down in the emotional issues that can arise when meeting in the same physical space. We meet with user-friendly technology that is free for our clients. You can access the video chat ‘meeting room’ from your phone, tablet or computer through a link that we will provide to you by email. Watch our short video on the 7 Reasons We Love E-Mediation.

+ How can I know if mediation is right for us?

This is a stressful time and it can be difficult to figure out the right thing to do. We've created a short Questionnaire to help you decide if mediation is appropriate for you.

+ Am I committed to the mediation process if I attend the Initial Consultation?

No, not at all. The purpose of the Initial Consultation for Family Mediation is for you to get to know the divorce mediator, to understand the divorce mediation process, and to confidentially provide any information that you feel will help the divorce mediator successfully guide the family mediation process for you. The Initial Consultation is also an opportunity for the mediator to ensure that the family mediation will be a safe and appropriate process for your family situation before you get started. You will only proceed to mediation if you and your spouse both agree to do so after you have each had your own private and confidential Initial Consultation.

+ What happens if I'm not comfortable?

We encourage you to let us know what will help you through the process. Meetings will be based on your preference of video chat or phone. We can take breaks as needed during your meetings if you are feeling emotional. However, if you decide that the process is not right for you, you are free to discontinue your participation at any time.

+ Do you serve the LGBTQIA2S+ community?

Of course! We have worked with many queer couples. This is a safe space.

+ I've heard family mediation is the most efficient way of handling marital separation. Is that true?

Yes! Family mediation allows you to meet together with one family mediator and avoid the often time-consuming back-and-forth between lawyers.

The process is cooperative and therefore generally proceeds much faster than the traditional adversarial legal process.

+ How long is the family mediation process?

This will depend on the complexity of your circumstances and how far along you are in your discussions, and these factors will determine which of our flat fee/fixed timeline packages you need.

The vast majority of couples who work with us on a Separation Agreement are able to reach the terms of agreement within our process timelines.

+ How can I start getting organized?

You can start gathering your financial information. You don't need to have all of the documents ready before starting family mediation but it can save you some time during the process if you are fairly organized. We've prepared a Financial Disclosure Checklist to help you get organized.

Our Financial Disclosure Checklist is intended to help you start getting organized. Please note that you are NOT required to have these documents gathered before your Initial Consultation.

+ Do you guarantee success?

The vast majority of our clients complete a signed Separation Agreement within our process.

Of course, divorce mediation is a human process and we cannot guarantee success as it is greatly dependent on the approach of the particular individuals involved.

+ Why are the flat fee packages time-limited?

We have found that our clients enjoy the certainty of a flat fee (rather than the unknown of the billable hour). In order to make the flat fee process financially viable for our small business, we have to create an end-point to the usage of our services.

In addition, we have found that having a time-limited process 1) helps clients focus on the issues (which may be uncomfortable and tempting to delay), 2) encourages clients to focus on their most important needs and wishes; and 3) discourages clients from getting bogged down in small issues (which could otherwise result in endless argument).

Our Flat Fee Packages are designed to help clients move on with life.

+ Would it be cheaper to hire a lawyer at their hourly rate?

In most cases, no, it wouldn't.

If you are price shopping, it is important to note that a lawyer practicing in the traditional law firm model will usually quote a "starting from" rate that is an estimate based on their hourly rate. This quote is for the first draft before it has been sent to your spouse or their lawyer.

A lawyer (who is not a mediator) can only work for one of you, not both of you, so the lawyer will draft the agreement to favour the lawyer's client. This is because lawyers have stringent professional responsibilities to protect their client and not doing so fully could be considered negligent.

The draft agreement will then be sent to the other spouse who will need to hire their own lawyer to review the terms. As it was drafted for the other person's benefit, this is where the adversarial back-and-forth gets started, the hourly billing ramps up, and the "starting from" fee often becomes a drop in the bucket of the total cost.

Through our process, we meet with both spouses together which means that we can iron out any misunderstandings together as we go and fully discuss all of the issues that you wish to be addressed in the agreement. There won't be any surprise terms added to protect just one person. As a result of working with a neutral family law mediator, our clients are far less likely to get caught up in ongoing negotiation struggles.

Lastly, the flat fee provides many people with peace of mind because they do not have to worry about how high the fees might get. There is no need to add the stress of hourly billing to an already stressful time.

+ Why do some mediators offer a Memorandum of Understanding instead of a Separation Agreement?

Only a mediator who is also a lawyer can draft a Separation Agreement because it is a legally-binding contract (and non-lawyers are obviously not allowed to practice law).

Mediators who are not also lawyers are limited to preparing a Memorandum of Understanding after mediation because it is not a legally-binding document. It is simply a summary of the terms that were tentatively agreed upon in mediation.

When you leave mediation with a Memorandum of Understanding, you will have the extra step and expense of taking the Memorandum of Understanding to a lawyer to have a Separation Agreement prepared if you would like the document to be legally-binding -- which is the entire purpose of having an agreement in writing for most people!

Some mediators who are lawyers offer a Memorandum of Understanding as part of their initial mediation fee and then charge extra fees for preparing a legally-binding Separation Agreement.

We know that you need a legally-binding document to do the things that you are trying to do, for example, divide your pension, get approved for financing to complete your house buyout, have peace of mind that support will be paid, etc., so we build in the preparation of the Separation Agreement into all of our packages.

+ How can I avoid the pitfalls of separation? I don't want to get into a battle.

This is such an important question! Listen to our podcast episode on Mindset and the Culture of Divorce for some great tips. Please note: the episode was recorded in 2017 so when Christina says that she started the mediation firm "a year ago" that refers to 2016. We have now successfully helped hundreds of couples transition through separation in a healthy and efficient way. It's what we do.

You may also find Christina's book Pathways to Amicable Divorce: Directions for the Beginning of Separation a helpful resource.