What is Family Mediation?
Mediation is a process in which a trained neutral professional assists parties in their attempt to reach a settlement of their dispute. The mediator does not tell people what to decide. The mediator sets the rules for the negotiating and manages the process. They may clarify issues and help the parties identify options. The process is informal and can be customized to meet the needs of the parties..

They will draw up a report at the end, but the parties do not sign the agreement with the mediator.  It must be turned into Minutes of Settlement (which can them be given to a judge) or a formal agreement.

The advantages of mediation is that the parties determine the terms, not a third party (such as a judge) who has very limited knowledge of your family.  Mediation can take less time and be less expensive that litigating using a lawyer.

Many terms of a settlement are not driven by legal analysis, but are a matter of practicality and compromise - for example, the start and end times for access; or who takes the child to the dentist.  Legal expertise is not needed for these decisions and judges are busy and lawyers expensive.  The parties are in a far better position to work this out.  Mediation may make this possible.

What is Court-Based Family Law Mediation in Peel?
With funding from the Ontario government, mediation is offered through the family law courthouses. This mediation is voluntary - a judge may recommend its use, but cannot order you to participate.

Three-hour mediation is free, regardless of your financial situation. This mediation only deals with custody/access and support.  For longer mediation or to deal with properly, off-site mediation is available.  There may be a fee, based on a sliding scale basis.  (Even with a fee, it is far cheaper than paying a lawyer to dispute a case.)

For the three-hour mediation, duty counsel are lawyers 'available to give advice and to turn a mediator's report into a signed Minutes of Settlement, which a judge can turn into an order.  For persons of modest financial means, Legal Aid Ontario will provide legal advice and signing of a Separation Agreement [see article] (an out of court agreement).

For more information about the service in Peel, go to the Peel Family Mediation Service site.

Do You Need A Lawyer?
You should get legal advice to understand:

• understand how the law deals with your dispute and the possible outcomes if a judge deals with the case
• limits on what you can agree to
• the effects of the terms you may agree to
• whether the wording carries into affect your intention

You may need a lawyer to fine tune the terms of an agreement.

To make an agreement as strong as possible (especially if it is an out-of-court agreement), both parties should receive Independent Legal Advice from their individual lawyers.