FAQs
We’ve added some of the most commonly asked questions here, and posted some resources below.
If there’s something you’re curious about that isn’t here, please get in touch.
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We have both in-person and virtual options.
Our services can be carried out via telephone, emails and virtual meetings.
Potential benefits:
Reduces the time and potential cost to access services as no transportation is required.
Reduces the need for childcare (provided you can participate from a private area where children cannot hear).
Can reduce the negative emotions that may be triggered by physically interacting with the other party.
Provides participant greater control over their environment.
Services are not disrupted by travel or relocation of parties.
Useful in cases of intimate partner violence where safety concerns are present.
Potential Drawbacks
Potential for reduced or misunderstood communication as some body language may be removed.
Less personal nature may reduce commitment to mutually beneficial settlement.
Distractions in the environment.
Technology issues.
Confidentiality & security of information may be reduced.
In person meetings:
We have availability to provide in person services at Langley house during regular business hours on Mondays, Tuesdays and Thursdays.
Evening or weekend options may be available by request and accommodations need to be discussed on a case by case basis.
Parking: There is free parking available on the street in front of the building and the entrance is around the back.
Access: The building is locked at all times and entrance is not monitored so there will be nobody to admit clients if they arrive early. We will greet clients for their appointment at their booked time. -
No. Couples counselling focuses on solutions to preserve the romantic or marital relationship. Mediation focuses on creating suitable arrangements for the entire family after separation. We can refer you to additional services for support to assist you through this process.
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This is highly dependent on your flexibility and the number of issues that need to be mediated, but as a general rule, you can expect to have between 2-6 meetings over a period of 1-6 months.
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The law states that you can apply for a divorce 1-year after date of separation. A Separation Agreement will outline what happens to your assets, your incomes and your children during the in-between stages of separation and divorce.
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The average mediation process, without any complex and/or emotionally charged issues, costs approximately $3000 split between the couple. But court-based divorces can average $24,000 to $90,000 or more per couple.
Our model helps our clients work smarter and save money. Visit our Process page for an estimate of what your mediation might cost.
Please contact us for a FREE information consultation so that we can assist you in determining the best option for you.
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For most of your meetings, all of us will be together, either in person or via a video call. However, your first session will be done separately so that we can get a sense of your individual needs and perspectives.
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Unfortunately, no. Mediation is a voluntary process and you cannot force the other person to mediate. You can, however, encourage a review of the Where to Start page. If he/she is still unwilling to discuss mediation, you may need to talk to your lawyer about what other options are available for moving the process forward. Having said this, please bear in mind that many parties, after entering the court system, quickly recognize the damage that it may produce, especially long-term for the children. At that point, coming to mediation is still an option!
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This is entirely up to you. I encourage clients to have as much or as little contact with their lawyer as they need throughout the mediation process in order to feel comfortable with the decisions they are making. If you feel more comfortable bringing a lawyer into the mediation process, you are welcome to do so. Should you choose to have a lawyer present during the mediation process, the other party will also likely want a lawyer present, which will considerably increase the cost of the process as you will each be paying for your lawyer’s time in addition to the cost of mediation. Having said that, the cost is still considerably less than the cost of litigation and this is certainly an option.
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Even if you are able to agree on everything in mediation without engaging a lawyer, should you want your Separation Agreement made into a legally binding document, you will need to see a lawyer to obtain a certificate of independent legal advice. I can draft the Separation Agreement on your behalf, but without a certificate of independent legal advice, it will not be legally binding. Whether you need a formal separation agreement or not is dependent on your specific situation, and I’d be happy to discuss further with you.
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Many people are surprised at the amount of detail required for a comprehensive Separation Agreement. Often clients will attend mediation with an ‘idea’ about how they would like to proceed, or even the bare bones of an Agreement to help move the process along. Mediation ensures that you are on the same page about details that you may not have considered. The best way to avoid disagreements in the future is to have a conversation about future expectations in the present.
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Some parties find it helpful to have independent legal advice at some point during the process, and it is required at signing if you want your separation agreement to be legally binding. Your lawyers role is to ensure that you are clear on your rights and obligations, and how the law will affect your issues. However, by using mediation, the amount that the two of you will spend on your lawyers, plus the cost of mediation, will be a fraction of what it would cost to use a court-based process.
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Our office is centrally located with free on site parking and we offer convenient daytime, evening and weekend appointments. We have a secure platform to facilitate virtual meetings, and are also open to meeting in public locations such as coffee shops by request.
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Mediation can be entered into at any stage – even if your case is already in court. Many separating couples choose mediation as a first step, while others choose it as result of their dissatisfaction and unaffordability with litigation and the adversarial process.
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If there are issues of power imbalance or domestic abuse, your case could still be mediated. We always screen partners first, to ensure that both can work effectively and safely in a mediation.
If you have any concerns, don’t hesitate to check with one of us about whether or not your issues can be mediated.
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Family court-based divorces cost on average between $24,000 to $90,000 or more per couple ($12,000 to $45,000 each ) and last a minimum of 22 months.
Most people do not realize that a family lawyer can only tell you what you “might” be entitled to if you can win in court. They cannot possibly tell you if you will win, how long it could take or how much it will cost. Going to court is gambling with your family’s financial assets since you have no control over what will happen!
Court is slow. There are at least 9 steps before you can get to your trial and that is only if things go “smoothly”. Before you can even see a Judge for your first court date there are multiple steps involving filing applications and responses between the parties. Here is a chart from the Ontario Government that shows you each step in a family law case. You will both be paying your lawyer hourly for ALL of these steps and you will probably not have an opportunity to negotiate a settlement with your ex until the “settlement conference” all the way at step 13.
If you manage to get to trial you will need to pay your lawyers another up front amount to prepare and argue your case. In 2014, a 5 day trial was estimated to cost each party around $45,000.
Ask yourself a simple question. Who stands to benefit the most if a divorce goes to court instead of mediation?
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There is a provision within the process for what is called a “caucus.” This is where you can ask the mediator to step out with you in privacy and in a confidential manner raise issues with him/her.
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One of the most challenging aspects in family law surrounds the whole issue of financial disclosure. If the issues you face are not financial, then there is no problem. However, if they are, you will be faced with a very difficult task of resolving any financial matters.
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If your matter includes financial issues, a Separation Agreement can certainly be entered into, but the law provides that in order for an agreement to be valid and not subject to being set aside in future, there must be full and frank disclosure provided by both parties.
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Most mediations are “closed”, or described as “without prejudice” or simply, “confidential”. That means that everything you say (with certain limited exceptions) can’t be used by you, your ex or the mediator in court, though the terms of any final, binding settlement you reach can be disclosed.
We always start by introducing a mediation agreement between you and your ex and our firm, so that everyone understands the ground rules and expectations.
Resources
Andrea LaRochelle
High conflict communication strategist
Alberta Family Mediation Society
For information on mediation, and for a list of registered mediators in your area.
Collaborative Lawyers
List of the collaborative lawyers practicing in Calgary (or elsewhere in Western Canada).
YW Crisis Centre
Short-stay crisis shelter for women and children leaving domestic abuse and violence. T: 403.266.0707
Government Assistance
Family Justice Services staff work directly with individuals to find appropriate solutions for family law issues. T: 403.297.6981
Maintenance Enforcement Program Alberta
If you have a divorce judgment or other court order for child support, you can register it with Maintenance Enforcement
Parenting After Separation (PAS)
Guides
AFCC Alberta Parenting Plan Guide
Intended to assist parents and their professional advisors in developing child- focused, realistic parenting plans.
Alberta Government Resolution Services Spousal / Partner Support General Information