The Mediation Process

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Generally, the mediator will first meet with both parties individually for 1-1 ½ hours, followed by joint session(s) lasting 1 ½ - 2 hours each. The parties' lawyers are rarely present for the mediation sessions, but will be involved in the background, advising the parties throughout the mediation process. They are invited to contact the mediator at any point.

Occasionally, the mediator may wish to meet individually with each of the parties. Either party may also request an individual meeting with the mediator. Sometimes, in order to resolve the dispute, it may be necessary to have the input of third parties, such as new spouses, grandparents, or even the children themselves. The involvement of such persons will be discussed with the parties and agreed in advance.

When the parties reach a tentative agreement, the mediator will summarize the terms of the proposed agreement in the form of a written Memorandum of Understanding. The parties are not bound to any proposed agreement arising out of the mediation process until it has been reviewed by their independent lawyers and signed by them.