Claudia Bordes

Build Your Own Solution

Mediation consists of you and the opposing party meeting with a third party (the mediator), and putting together an agreement that will resolve your disputes.

The most common form of mediation that I attend as counsel is Legal Aid’s Mediation program as offered by the Ottawa office. Normally, it goes like this:

1. In the morning, you and the other party meet with the mediator. The mediator works with you to resolve as many of your disputes as possible.
2. In the afternoon, the lawyers for both parties show up. The lawyers discuss what has been decided, give you advice, try to resolve any remaining issues, and make sure that the agreement is worded in such a way that it is clear, useful, and protects your rights.
3. At the end of the day, an agreement is signed by all parties.
4. If necessary, the parties agree to return in a few months to “fine tune” the agreement and hammer out any final details.

The mediator cannot force you to accept any solution. If at the end of the mediation you are unable to accept all or part of the solution that has been worked out, you can simply walk away.

Most of the time, mediation helps you either resolve all your disputes, or get a lot closer to an full resolution. For example, if both of you can agree on how you will take care of the children, but cannot agree about spousal support, mediation can help you finalize an agreement about the children. That way, if you do end up in court, only spousal support will be left up to a judge.

It’s Not For Everyone

Sometimes, mediation is not appropriate. Mediators are trained to first ensure that the process will be fair to both parties. If necessary, they will carry out “shuttle mediation”, where the mediator goes back and forth between you so that you do not have to be in the same room as your ex.

If the mediator senses that there are problems with abuse, manipulation, intimidation, or dishonesty, he or she may find that mediation will simply not work, and will not go ahead with the session.

Contact Claudia Bordes

Email me at bordescj@gmail.com or call 613-807-2673 for an appointment to discuss mediation. If you live in Almonte, Pakenham or surrounding areas, I can meet you in the community.