FAMILY MEDIATION
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As family mediators we always recommend you get independent legal advice before making an agreement.
Before entering a mediation, we recommend seeking independent legal advice to help you know what might be fair to you, under the law, in legal definitions.
We facilitate discussions to help you move forward.
We hold space for you to be heard.
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Family mediation is a voluntary, and confidential process where a highly trained, neutral third party (mediator) facilitates conversations between people in your family (the parties) to better understand one another, resolve conflict and reach agreement(s) about, and the next steps for your family.
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Every family mediation with Peacekeeper Justice is conducted by a skilled, comprehensive family mediator who is also recognized by FMC. That mediator will facilitate the conversations that you need to have to help restore consistency, peace and respect in your unique family circumstances.
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We work from a child-focused perspective, and our mandate is to sort out and resolve issues fairly, quickly and at the lowest possible cost, while reducing the impact of disagreements on children, proactively minimizing conflict and supporting each co-parents’ ability to work together in the future.
What Is Family Mediation?
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Family Mediation is a way to try to solve problems without going to court. A family mediator is a person who's specially trained to help people settle conflicts. A family mediator has to have special training, but they can't make you do things the way a judge can. Their job is to help you find your own solutions to your problems. Some mediators are also lawyers.
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A Family Mediator:
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can't take sides with you or your spouse, and
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can't give you legal advice, even if they're a lawyer.
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For a family law case, you'll need a mediator who knows about family law.
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Whether or not they're a lawyer, a mediator must:
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have special training in family law issues and how families work, and
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be legally qualified (see Part 3 of the Family Law Act Regulation).
Can you be forced to go to a Family Mediation?
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Family Mediation is usually voluntary. You and the other person agree to participate; BUT
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If one person isn't keen to try family mediation, a judge can order you to try it; AND
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If you've started a case in Supreme Court, you can serve your spouse with a document called a Notice to Mediate that says they have to go to Family Mediation.
What Can Be Mediated?
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Family mediation can be used to resolve disputes in the following areas:
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parenting arrangements / parenting plans
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parenting responsibilities
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parenting time
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contact / access with children
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relocation
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children's views
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failure to exercise visits
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denial of visits
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communication
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creating a collaborative co-parenting approach
What can't be mediated?
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family violence
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child abuse
*NOTE: disclosures that include either of the above will not be held under the confidentiality clause! Dispute resolution professionals are required by law to report safety issues, especially that pertain to children.
Motivating Factors to Mediate:
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The parties seek a collaborative process where they maintain control over outcomes.
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Early intervention is needed. Especially when urgent issues for children are at stake.
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A mediator can help you try to solve your dispute out of court.
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A judge ordered you to try mediation to see if you can come to an agreement.
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Outcomes of the judiciary system are risky, and outweigh the benefits of a lengthy dispute.
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Financial limitations
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Loss Prevention &/or Efficiency are needed
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The Glory Of Resolution Is A Return To Peace