Mediation

Mediation is a chance for parties in a family law matter to come together with a trained family law mediator to see if matters can be resolved by agreement.

This is a process where the mediator, who is an independent and neutral third party, assists the parties by facilitating conversations, negotiations, and, hopefully, agreements. Mediation is voluntary and is a confidential, accessible, cost-efficient and flexible way to resolve family law issue without recourse to court, which increases both conflicts and costs. This process allows families to consider everyone’s values, interests and circumstances and to make agreements that are child-focused and long-lasting while being supported by a mediator who helps ensure that those agreements meet the needs of each party and, where applicable, their children. Mediators can provide legal information but cannot provide legal advice – you can attend without lawyers, but down the road you will need a lawyer to give you independent legal advice on any draft agreement.

Once the parties have agreed to work with a mediator, the next step is a confidential, face-to-face meeting for Kendra and each party individually. This is where you can share your side of the story and discuss any particular concerns and interests. Kendra will share details about the mediation process and ask questions to ensure necessary information is gathered before the mediation itself. Kendra may also request a meeting with both lawyers if that would assist the process.

Parties, often with the help of their lawyers, will then ensure that all the information and documents needed for mediation (such as financial statements, income documents, property appraisals or child assessments) are provided to each party and Kendra in advance of the mediation.

Next, the parties (with or without their lawyers, as appropriate) will meet with Kendra face-to-face for the first joint session. Each person will have the chance to talk about what is most important for them and what they hope to accomplish. The precise details of each mediation process is tailored to your circumstances.

If you reach an agreement during mediation, Kendra will provide a Memorandum of Understanding (which parties must then discuss with their lawyers to ensure they receive independent legal advice) or Minutes of Settlement, which parties sign with their lawyers and which are binding legal documents. Kendra can also provide a Separation Agreement upon request.

Kendra is a Law Society accredited family law mediator offering mediation services for both private and Legal Aid clients. Please contact our office if you are seeking to retain Kendra as your mediator.

11 – 1140 Fort Street Victoria, BC V8V 3K8

T: 250.940.1653
F: 250.388.3841

Lək̓ʷəŋən and W̱SÁNEĆ Territories