Family Mediation Services

Mediation is not appropriate for everyone. Mediation is only suited to people who are in a relatively equal negotiating position.

In all cases, mediation services are offered to the clients on a voluntary basis. Fairness of the mediation process requires that both the court and the mediators protect the parties’ right and ability to make free and informed choices about whether and how they would like to settle the issues between them.

Please feel free to contact Mediation North to discuss your particular situation in more detail.

Scope of Mediation Services

Mediation North provides comprehensive on-site and off-site family mediation services. Types of issues to be mediated may include custody, access, support, issues relating to possession of the matrimonial home and division of property/equalization of net family property.

Financial Access to Services

Mediation North will ensure that all clients have access to family mediation services. These services will be provided to clients regardless of their incomes and whether or not they have filed a court application.

Clients who may be eligible for Legal Aid may be directed to LAO to obtain mediation services, if LAO operates a mediation service in their Court location.

On-Site Family Mediation Services

In order to provide the opportunity for quick resolution of issues referred by Judges and lawyers or requested by clients on that day’s court list, Mediation North provides for on-site family mediation services in the community Court(s). On-site family mediation services will include intake for mediation, screening and mediation of narrow issues in appropriate circumstances, primarily custody, access and child support. Clients will not be charged user fees for on-site mediation services.

Off-Site Family Mediation Services

Mediation North also provides off-site mediation and intake. We ensure that all mediation intake appointments are scheduled as soon as possible after the point of referral/consent of all parties. In addition, all off-site mediation intakes and services are available at times that are convenient for clients wherever possible (e.g. evenings and weekends) and take into consideration any future court dates. Accessibility arrangements have been made for clients with disabilities.

Clients will be charged user fees for off-site mediations. User fees are subject to the Harmonized Sales Tax (HST). No user fees shall be charged for family mediation intake services or for on-site mediation services.

Mediation North collects user fees from clients in a manner that does not prevent access to the service by persons of limited financial means. Set user fees may be decreased or waived for those unable to pay them. Mediation North is responsible for determining the client’s ability to pay user fees.

Voluntary Family Mediation

Family mediation services are strictly voluntary. Mediation North will advise clients that not only is mediation not appropriate in all cases, but fairness of the mediation process requires that both courts and mediators protect the parties’ right and ability to make free and informed choices about whether and how they would like to settle the issues between them. Mediation North ensures that all clients understand that a decision not to participate in mediation will have no impact on their legal rights. We ensure that clients are voluntarily participating in mediation at all times.

Cases Involving Domestic Violence/Abuse

All mediators at Mediation North are vigilant in their efforts to screen their clients for abuse and other issues related to power and coercive control. Screening will be conducted during the intake stage and, given that direct disclosure of domestic violence/abuse does not necessarily occur at the intake stage, there will be continuous screening throughout the mediation process. The safety of clients will be placed first and foremost at all times. Whether domestic violence/abuse is identified at intake or later in the process, clients will be given support for their disclosure, urged to obtain independent legal advice (if they have not already done so) and encouraged to explore the availability of protective orders and appropriate community resources.

In providing court-connected family mediation services, each mediator shall:

make best efforts to identify domestic violence/abuse where it exists;
ensure that the safety of victims of domestic violence/abuse is paramount;
offer mediation only when it is truly voluntary;
permit appropriate safeguards such as shuttle mediation and support persons;
give clients who have been disempowered by domestic violence/abuse the support and safety they need to refuse to mediate;

identify cases that are not suitable for mediation and to refuse to mediate in these cases, while suggesting to the parties other means of resolving their dispute and ensuring safe termination;
encourage assertiveness in victims of domestic violence/abuse;
provide clients who have been victims of domestic violence with information about community resources that can be of assistance to them.

Family Mediation Intake Process

Once all parties have agreed to pursue family mediation, Mediation North makes sure that each party is seen separately for the purposes of intake and screening.

Before a case is accepted for mediation, the mediator must be satisfied of the following:

that abuse has not occurred that has rendered either party incapable of mediating;
that no harm will come to either party or the children as a result of mediating;
that the parties’ desire the mediate is voluntary;

that any inequality in bargaining power can be managed so as to ensure that negotiations are balanced and procedurally fair;
that parties are psychologically ready to mediate and have the capacity to do so;
that the complexity of the case does not exceed the mediator’s education, training and competence.

To protect clients from blame or reprisal from the other party, in the event that a client is assessed to be unsuitable for mediation, the mediator will indicate only that mediation has been discussed with both parties and the mediator is of the opinion that family mediation would not be the most beneficial method of resolving their dispute at this time.

For off-site mediation services, the intake appointment for each client should take on average one (1) hour.

Information Referral Co-ordinator (IRC)

All first-time clients of the Family Court and all clients who are not in court are referred to the FLIC (Family Law Information Centre). The Information Referral Co-ordinator (IRC) works collaboratively with court and LAO staff and the advice lawyer to ensure the needs of clients are met. The IRC provides an early assessment of clients’ needs which expedites access to legal and non-legal community resources and identifies high risk or urgent cases that may require immediate legal advice and judicial intervention.

IRC Services

To assess and discuss the presenting problem and to help clients determine their needs

To provide clients with information on issues related to separation and divorce and child protection matters, alternative dispute resolution options for resolving family law disputes and information with respect to community resources;

To help clients to determine their needs and making referrals to information sessions and community agencies/services, where appropriate;

To maintain a current list of publications and audio-visual materials that should be available in the FLIC;

To promote awareness of the FLIC and obtaining information about local services through outreach and liaison with community agencies and to establish and maintain protocols for referral;

To maintain an up to date list of resources, programs and services that are available in the community to assist clients in the process of separation and divorce;

To ensure the availability of materials; order and maintain pamphlets and audio visual materials, self-help kits and other publications on a broad range of issues relating to separation, divorce and child protection matters;

To explore with the client the existing and anticipated effects of their problems on children, and to invite the client to view the appropriate parenting and video material in the FLIC;

To provide referrals to other sources of information and assistance for issues relating to separation, divorce and child protection matters;

To provide information on services in the community for adults and children;

To ensure that the television, VCR/DVD and relevant family law video DVDs are available and provided to clients for viewing.

To coordinate the FLIC by directing clients wishing to access the court system to the Family Law Counter Staff provided by the Ministry and / or to the Advice Counsel provided by Legal Aid Ontario.

To direct clients wishing to discuss or access Court Attached Mediation Services to the On-Site Mediator, Mediation North and /or Advice Counsel;

To promote the use of mediation for cases that appear to be appropriate;

To act as a resource for lawyers seeking assistance in obtaining community services for their clients in family matters.

To encourage lawyers to refer their Family Law clients to the FLIC and mediation, and to Mandatory Information Programs, on an on-going basis;

To assist the public to locate and download information in the computer information kiosk located within the FLIC where applicable;

To facilitate Mandatory Information Session registration for interested clients who have not commenced Court action;

To reschedule Mandatory Information Session dates for Court clients (The scheduling and re-scheduling of MIPs shall be tracked in software provided by Mediation North. Each party shall attend a separate session.);

Training

Instructors

The training is provided by Maggie Hall, B.Sc., M.S.W., LLM (ADR), CP Med., AccFM. (OAFM), AccEM, Director of Mediation North Inc.

Local accredited mediators will assist as required.

Family Mediation Training

These courses are designed to provide ample opportunity to review and discuss academic theory and research. Participants apply theory to practice in the form of interactive exercises and role plays. The material is taught through short lectures, multi-media presentations, self assessment techniques, role plays and group discussion.

Internships

Candidates who have completed training may apply for local internships designed to prepare mediators for AccFM (O.A.F.M.) accreditation.

Upcoming Training Dates

Course Learning Objectives

Meet course requirements for accreditation as a family mediator in Ontario.
Develop mediation knowledge and skills that can be used in social work, legal and other professional practices.
Develop knowledge around domestic violence and how to screen for domestic violence.
Develop knowledge around the effects of separation on parents and children.
Develop a general understanding of family law.

Who should Attend?

While this course forms part of the family mediation curriculum, it is intended for all Dispute Resolution Professionals working with families including judges, family law lawyers, family mediators, family arbitrators, collaborative practitioners, parenting coordinators, custody assessors and child protection workers.

Community Resources

The following links provide listings of specific community resources proposed by Mediation North for the Family Law Information Services (FLIC). Select from the community listings provided below to view the agencies in each region.

Cochrane (including Timmins)

Elliot Lake (including Blind River, Espanola, and Gore Bay)

Haileybury (including Kirkland Lake)

Kenora (including Dryden, Fort Frances, Red Lake and Sioux Lookout)

Code of Conduct

All mediators of Mediation North have agreed to abide by the Ontario Association for Family Mediation Standards of Practice, as follows:

Foreword

This replaces the Codes of Ethics/Codes of Professional Conduct approved June 3/86 and revised June 5/87.
The following Standards of Practice are intended to govern the relations of family mediators with their clients, their professional colleagues, and the general public so that all will benefit from high standards of practice in family mediation.
For the purposes of this Standards of Practice summary, family mediation is defined as a voluntary, non-adversarial process in which a qualified and independent third party (the mediator) assists family members to resolve their disputes. Family Mediation does not include arbitration.

Competence

It is the obligation of anyone acting as a family mediator to ensure that he or she is fully qualified to deal with the specific issues involved.
a.    Family mediators come from a variety of professional backgrounds (with a diversity of education and training), and are obligated to refrain from rendering services outside the limits of the family mediator’s qualifications, education and experience.
b.    Family mediators shall engage in continuing education to ensure that their mediation knowledge and skills are current.
c.    In the event that any party expresses dissatisfaction with the impartiality of the mediator, then it is the duty of the mediator to advise the parties of their right to terminate the process.
d.    The mediator must disclose any known prior involvement with a party either directly or through his or her partners or associates. Mediation may only proceed following such disclosure with the express written consent of all the parties.
e.    Following the conclusion of the mediation, the mediator shall remain available as a neutral to assist the parties in the future and shall therefore refrain from assisting the parties in any other capacity without the express written consent of the parties.

Duty of Confidentiality

The mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information or documents obtained through the mediation process except:
a.    non-identifying information for research or education purposes; or
b.    upon the written consent of all the parties to the mediation contract, which includes the mediator; or
c.    when ordered by the court or required by law; or
d.    when the information discloses an actual or potential threat to human life or safety.
The mediator has an obligation to report to the Children’s Aid Society when he/she has a reasonable belief that a child is in need of protection.
An Agreement to Mediate shall be signed by the mediator. The mediator shall comply with the terms of confidentiality contained in the signed Agreement to Mediate.
The mediator shall inform the parties of any limits to confidentiality in relation to the process, including information received in intake, caucuses and break-out meetings.
The mediator shall maintain confidentiality in the storage and dispersal of mediation notes, records and files, both paper and electronic, and other provisions of the Privacy Act.

Impartiality and Procedural Fairness

1.    The mediator has a duty to be impartial with respect to the issues to be mediated.
2.    The mediator shall assist the parties to make informed decisions recognizing that client self-determination is a fundamental principle of mediation.
3.    The mediator has a duty to procedural fairness
4.    In the event that any party expresses dissatisfaction with the impartiality of the mediator, then it is the duty of the mediator to advise the parties of their right to terminate the process.
5.    The mediator must disclose any known prior involvement with a party either directly or through his or her partners or associates. Mediation may only proceed following such disclosure with the express written consent of all the parties.
6.    Following the conclusion of the mediation, the mediator shall remain available as a neutral to assist the parties in the future and shall therefore refrain from assisting the parties in any other capacity without the express written consent of the parties.

Agreement to Mediate

The mediator has a duty to explain the mediation process clearly to the participants before they sign an agreement to mediate. The mediator shall not proceed to mediate without a signed Agreement to Mediate.
As a minimum, the Agreement to Mediate shall state that:
a.    The mediation process is confidential. All statements made or documents produced in mediation are for the purpose of settlement and cannot be disclosed or provided to a court or arbitrator;
b.    On-site mediation is closed;
c.    Any party, including the mediator, has the right to suspend or terminate the process at anytime;
d.    Complete disclosure of income (and further disclosure with respect to financial and related career and property issues to be discussed) is required.
e.    The mediator strongly advises each party to seek independent legal advice with respect to the issues to be mediated.
f.    On-site mediation is provided at no cost.
g.    The mediator’s specific procedures and practices, including the right of any party to request an individual, joint or shuttle meeting.

Information, Disclosure and Advice

1. It is the duty of a mediator to encourage the participants to make decisions based upon sufficient information, knowledge and advice.
2. Every family mediator has an ongoing obligation to advise participants of the desirability and availability of independent legal advice. While neutral legal information may be made available to the parties, each should be encouraged to obtain legal advice. Where financial or property issues are involved, the mediator shall include in the Agreement to Mediate a requirement that the parties shall make frank and full disclosure of their financial and related circumstances.

Independent Legal Advice

It is the obligation of every family mediator to advise clients:
a.    of the availability of independent legal advice for each spouse;
b.    of the advisability of obtaining it from the outset of the mediation;
c.    to obtain independent legal advice prior to signing the mediated agreement.

Duty to Minimize Harm or Prejudice to Participants

It is the obligation of the mediator to suspend or terminate mediation whenever continuation of the process would harm or prejudice one or more of the participants.
a.    The mediator shall suspend or terminate mediation where either of the parties is unwilling or unable to effectively participate in the process.
b.    The mediator shall suspend or terminate mediation when its usefulness is exhausted.
c.    If the mediator has suspended or terminated the process, he or she may suggest that the participants obtain appropriate professional services.
d.    If the mediator, in good conscience, cannot support the agreement reached by the parties, he or she will so advise the participants and may terminate the mediation process without issuing a report.
e.    Notwithstanding impartiality, the mediator has the duty to promote the best interests of the children and to assist the parents to examine the separate and individual needs of each child.