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Separation and Divorce Mediation

Ending a relationship is rarely a simple process.  Whether you are choosing mediation or have been referred by your lawyer, your mediator will ensure that you have the opportunity to develop your plan to move forward together in a fair and effective manner.  Not only will you participate in a safe and balanced process, you will be supported to develop a stronger understanding with the other party so that your agreements meet everyone’s needs and are lasting. 
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Typical Issues for Married & Unmarried Partners

• Parenting plans (parenting time, decision making, travel, mobility, medical, introduction of new partners) 
• Future financial support (child and/or spousal)
• Division of property (includes debt)
• Communication
• Court orders (divorce, support, parenting, protection, property)

What can I expect?

1. The initial telephone call:  One of our mediators will talk with you to find out about your particular situation, answer your questions and help you determine if mediation is right for you.  If you choose to proceed, they will talk with you about how to approach the other party and will set up an initial, private meeting with each party.
2. The intake or pre-mediation meeting:  A private, confidential  meeting with your mediator to discuss your hopes for the mediation, what you would like to accomplish, and what concerns you might have.  Your mediator will coach you on how to best approach the joint mediation sessions and what information to bring.  The two of you will also talk about what you need to feel as comfortable and prepared as possible.  A critical part of all separation and divorce pre-mediations is the completion of a safety screen so that all safety issues can be addressed.
3. The joint mediation sessions:  Most separation and divorce mediation sessions involve both parties meeting together with their mediator to draw up an agenda and to have honest, frank, focused discussions leading to agreements on each of the agenda items.  There are times, typically when there are safety issues, when the parties remain in separate rooms or where one party participates by telephone.  These joint sessions are booked for two hours, though they may run longer.
4. The mediated agreement: Once all of the agenda items have been resolved, your mediator will summarize all of your decisions in a Mediated Agreement.  This is not a legally binding document.  Clients can take their mediated agreement to their lawyer or family court counsellor who can translate the contents of the agreement into the appropriate court orders or legally binding agreements.  Not all clients want these. 

You will be encouraged to get professional direction and advice throughout the mediation process.  Our mediation team works collaboratively with other professionals, including emotional, financial, legal and safety professionals, so that you are supported to make well-informed, lasting decisions. 
 
How much will it cost?
Our fee for family mediation is $200 per hour.  This is typically shared equally by the parties unless there is a large income discrepancy.  Pre-mediation meetings typically  take about 90 minutes.  The number of joint mediation sessions can range from one to two meetings for a single issue conflict or simple parenting plan to several for more complete, complex divorces. 

The more  prepared you are, the quicker the process.  Please check out the resources in the right column on this page. 

Separation & Divorce Resources

Parenting After Separation was created by Alberta Justice to teach parents about the separation and divorce process, the effects on children, techniques for communication and legal information.  PAS is mandatory for divorcing parents.

The Edmonton Community Legal Centre  is a non-profit agency that provides free legal advice when income is a barrier to obtaining legal services.

The Centre for Public Legal Education Alberta has easy-to-read Families & the Law booklets to download.
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The Association of Family and Conciliation Courts  is dedicated to improving the lives of children and families through the resolution of family conflict. AFCC has a wealth of highly researched and trusted resources for parents and professionals.

Family Violence Prevention 
supports are listed at this Alberta Justice site or call the 24/7 Family Violence Info Line
310-1818 
​to get safety planning and help anonymously in more than 170 languages.

The Department of Justice offers a number of guides and tables for separation & divorce.

Making Plans: A guide to parenting arrangements after separation or divorce 

Alberta Court of King's Bench
Divorce forms and instructions

Alberta Justice Resolution Services
offers free mediation to parents or guardians in separation and divorce disputes affecting children if one of the parties has a gross income of less than $40,000 per year.

Sesame Street - Dealing with Divorce
Resources for parents of young children.

Is Mediation Recommended in Separation & Divorce?

​Most separation and divorce cases are suited to mediation.  The court system is working to make mediation and other forms of Alternate Dispute Resolution the first step in family law dispute resolution.   

Section 9 of the federal Divorce Act directs legal counsel or anyone else acting on behalf of a spouse in a divorce proceeding to “discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.”

Section 5 of the Alberta Family Law Act requires every lawyer who acts on behalf of a party in an application under the act to “discuss with the party alternative methods of resolving the matters that are the subject of the application, and to inform the party of collaborative processes, mediation facilities and family justice services known to the lawyer that might assist the parties in resolving those matters." ​

Joan B. Kelly, Ph.D. says
research supports mediation in S&D 

When contrasted to parents in adversarial processes, parents using a more extended comprehensive divorce mediation process (e.g., 4 – 8 sessions) experienced a decrease in conflict during divorce. Further, in the first two years following divorce, they were more cooperative and supportive of each other as parents and communicated more regarding their children, after controlling for any pre-intervention group differences. One study reported that twelve years following divorce, fathers who mediated custody disputes remained more involved with their children compared to fathers who litigated.

Do I Still Need a Lawyer?
While it is possible to get a divorce without a lawyer, we always recommend that clients seek legal advice throughout the mediation process, particularly before finalizing decisions.  A lawyer is able to instruct clients on their legal rights and obligations and ensure that they understand the legal ramifications of their agreement.  This will reduce the risk of unforeseen difficulties.

Separating and divorcing couples each need their own lawyers if they want to get independent legal advice and the corresponding Certificate of Independent Legal Advice.