Advanced Family Mediation

Rosana works closely with all parties involved in the separation or divorce process. Primarily, mediation offers two parties, along with their lawyers (if applicable), the opportunity to engage in a constructive and guided conversation with the goal of reaching a mutual agreement. 

The mediation process is designed to provide a confidential and safe space for each party to express their interests in the desired outcome following a separation. This may include a parenting plan, allocation of parenting responsibilities, child support, cost-sharing of activities, or equitable division of assets. 

The mediation itself is a structured and organized meeting, or a series of meetings if your situation is more complex. During the meeting, there are guidelines to follow, ensuring that all parties receive an inclusive experience where criticisms are left behind and forward planning is the focus. 

The Intake

You will receive a form to fill out with your basic information and contact information for yourself and the other party involved in the mediation. There will be a list of topics that you are interested in discussing during the mediation meeting. Please check off all that are applicable. The form may be filled out digitally, signed manually, and returned to Rosana. Once your intake has been reviewed for conflicts of interest, Rosana will reach out to all parties, including the lawyers, to provide an agreement to mediate and schedule a pre-mediation interview for each party separately. 

What can be mediated? Anything that has become a barrier between you and the other party can be discussed in mediation. Mediation is a confidential process, and from the point of contact to the conclusion of the mediation, all information remains confidential, with limited exceptions that will be discussed during the pre-mediation interview stage. 

If a conflict of interest arises, Rosana will inform all parties on the intake form of the conflict. A conflict may arise if Rosana has worked with either party seeking mediation in another capacity or has knowledge of the circumstances due to personal affiliations. 

Pre-Mediation Interviews

The pre-mediation interview generally will take place in person if all parties are on Vancouver Island. Otherwise, the interviews will be conducted over Zoom. Pre-mediation interviews will not be conducted by telephone, with no exceptions to this policy. Both the mediator and the client need to have a personal interaction to establish trust and transparency. The pre-mediation interview will take approximately one hour. There are exceptional circumstances where the interview time may need to be adjusted based on complexity. It is essential for all parties to ensure they have dedicated a minimum of one hour to the interview process. 

During the interview, you will be asked questions regarding your history that has led to the separation, current relationship communication styles, current parenting arrangements, current responsibilities, current court involvement, any current/past criminal activity, and current family composition. In addition, Rosana will ensure that all parties have a voice and can be heard regarding their interests and goals following the dissolution of the family, as well as approaches or ideas for moving forward. 

The pre-mediation meeting is your opportunity to be received with compassion and to be heard. If there are any outstanding negative feelings that need to be addressed, this is the time to discuss them. If necessary, you may be requested to seek additional support in managing your emotions before a mediation date is decided. The goal of mediation is to move forward with healthy communication and boundaries, for the best interest of everyone, especially when children are involved. 

The Discovery Stage

The discovery stage typically involves each party signing consents, which is generally done during the pre-mediation interview. The purpose of discovery is to request both legal counsels to provide copies of any recent or current affidavits or evidence supporting each party's positions, before the assigned mediation date. This step provides the mediator with information that may not have been covered in the interview process and offers a more comprehensive understanding of the conflict. 

Once the mediator has reviewed the relevant documents, legal counsel will be contacted with an estimated completion time for the mediation. Depending on the complexity of your case, a mediation may take only four hours, or in high-conflict cases, it may take several days. 

The Mediation 

The meeting may be in person or online, depending on your location. Rosana is available to mediate virtually across Canada. Whether your mediation is in-person or virtual, the process remains the same. For virtual meetings, a separate document will be sent to you and your lawyer with guidelines and preparation instructions for online services. 

All mediations are conducted in the same format. Rosana offers the same level of attention, compassion, understanding, and transparency as in-person mediation. Rosana has years of experience conducting online meetings and carries forward the same attention to detail as in-person meetings. 

If both parties have reached an agreement on all topics, a Memorandum of Understanding (MOU) will be created that outlines all points of the agreement. All parties and their legal counsel will receive a copy of the MOU as the basis for drafting a final order, consent order, or parenting agreement. It will be the responsibility of the lawyers to complete the final agreement that is reached. If an agreement has not been reached on all topics for discussion, Rosana will write a summary of all topics, including those that could not be agreed upon. 

If you do not have legal counsel, Rosana will draft the final agreement, with the strong recommendation that you have a lawyer review the document to ensure your rights are protected.

All matters settled in mediation are not binding legal agreements until the lawyers have drafted the agreement and all parties have collectively signed it. When a lawyer is not involved and an agreement is reached, either participant can file the final document in the court of their jurisdiction to have the document binding; however, this is not always required for the agreement to be legally binding once it is signed. 

All issues discussed in mediation are without prejudice and cannot be brought before the court. Rosana cannot be compelled to court to speak to the mediation contents, agreements, or the mediator's notes. Rosana cannot be called to testify on either party's behalf. This ensures the process remains 100% confidential.

Rosana cannot provide legal advice but can provide legal information, as stated in the current Family Law Act, Divorce Act, and the Child Family Community Service Act, if there are child protection concerns involved in your case.

MEDIATION SERVICES ARE AVAILABLE ACROSS CANADA