Watch a Mediator explain to his clients the legal process that influences key elements of the divorce process. See how he carefully explains the legal position as regards child custody, division of property and other financial issues. Also note how the Mediator skilfully diffuses situations that could easily descend into full-blown arguments without his professional intervention, so the couple gets more time during the mediation session to make key decisions about their future.
Video Clip #2 MAKING PROPOSALS
Take a look at this stage of the mediation process, in which the Mediator outlines the importance of making proposals as a means of helping a divorcing couple achieve a settlement. Naturally, the discussion gets heated and the Mediator proves the importance of the role by keeping interactions and the conversation between the couple amicable so they can sort out vital issues between themselves. In this clip, the main focus is on how the couple plan to split and share the responsibility of looking after their children.
Video Clip #3 PARENTING PLAN WRAP UP
How a Mediator can help when one parent believes the other is trying to turn their children against them is aptly demonstrated here. The Mediator makes it clear how vital it is to be careful about what each partner says in front of the children about the other spouse, to avoid the offspring becoming alienated toward one parent or the other. See what happens when the Mediator suggests making a Disparaging Remark agreement to help resolve an emotionally charged situation.
Video Clip #4 PROPERTY DIVISION
In this short and informative video, the Mediator’s structured approach to discussions about property division enables the divorcing couple to calmly and constructively approach the usually thorny issue of who gets what as part of the divorce settlement. See how the Mediator approaches the meeting from the perspective of explaining the situation to both spouses and then asking each about their requirements.
When it comes to discussing retirement plans, in this case there’s a big imbalance between the value of each spouse’s plan, so the Mediator has to use all their experience to keep the session amicable…
Video Clip #5 SUPPORT DISCUSSIONS
Take a look at what happens when Mediation reaches the stage where the couple has to declare their earnings in order to help calculate the level of child support payable. Again, the Mediator uses their skills and experience to keep the session amicable by getting the couple to agree to a mutually beneficial way of working out who should pay what. When one of the spouses refuses to pay the other child support, the Mediator encourages the couple to talk and make proposals to each other, while outlining the standard approach that other couples have taken in similar situations…
Video Clip #6 DOMESTIC ABUSE
Look in on how the Mediator tells this divorcing couple their options after a potentially explosive situation develops, with one partner threatening the other. The Mediator patiently explains the options that are available in cases of suspected domestic abuse, including getting a restraining order and having both parties talk to their lawyers. See also how the Mediator’s calm approach allows the couple to deal with their issues face-to-face and come to a simple, mutually agreeable solution to handle things that happen in the heat of the moment.
Video Clip #7 MEDIATION WRAP UP
Watch what happens when the Mediator is satisfied this divorcing couple has addressed all relevant issues and it’s time to draft a separation settlement. The Mediator’s advice here is to take the settlement to their attorneys for further discussion. Again, the focus is on putting the power of decision making in the hands of the couple, so while other legal professionals they’ve hired may have opinions that could start fresh arguments, the Mediator reaffirms to the couple that the agreement is THEIR agreement and it’s up to them where they take it from here…
Full Length Video Demonstration
The Mediator does not make their decisions
The Mediator in this video demonstrates how his role is to be a source of information and not advice. He guides the process with calm authority, letting both partners have an equal say. The Mediator does not make decisions, clearly stating that it’s the couple who need to come to their own conclusions and agreements. In this scenario, the wife is certain that she wants a divorce, while the husband is not so sure. How does the Mediator solve that one, and what are the 5 key areas in which the Mediator tells the couple they need to make decisions about their future?
Ken S. Maynard is an Ontario Accredited Divorce Mediator (Acc.FM) and a Certified Divorce Financial Analyst (CDFA). He is a specialist in comprehensive divorce mediation services resulting in a separation agreement. You can meet with Ken at any of the 6 DTSW Greater Toronto mediation centres including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough