Both mediators and lawyers can draft separation agreements, but their roles differ significantly

A separation agreement can be written by either a mediator or lawyer, with each professional serving distinct purposes in the process. Here’s how they typically assist:

  • Mediators facilitate discussions between separating partners, help identify key issues, and draft initial agreements based on mutual understanding
  • Lawyers ensure the agreement is legally sound, protect individual rights, and make certain the document meets all provincial legal requirements
  • For best results, many couples work with both professionals – using a mediator to negotiate terms and a lawyer to review and finalize the legal document

It’s recommended to have a lawyer review any separation agreement before signing, even if drafted by a mediator, to ensure your legal interests are fully protected under Canadian law.