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OFF-SITE MEDIATION
Off-site mediation is where parties meet with a mediator outside of court (even if there is a court case pending), to negotiate their family law issues. Appointments are generally held virtually, or occasionally (by request) in-person in the mediator’s office.
Please note that virtual appointments require access to a computer (which has audio and video capabilities), a smartphone, or a tablet.
All family law issues can be negotiated in off-site mediation—parenting plans, child support, spousal support and property issues. This is known as “comprehensive” mediation.
The fees for off-site mediation are based on a sliding scale prescribed by the Ministry of the Attorney General.
To begin the process, one party makes a referral, and then we will determine if the other party consents to participate. It is important to note that since mediation is voluntary, this consent can be withdrawn at any time.
Once consent is given, an AXIS roster mediator will be assigned and they will reach out (generally within a week) to schedule appointments.
We have a wide range of mediators with backgrounds in law, social work, business and education. All of our mediators have been approved by the Ministry of the Attorney General of the Province of Ontario as being qualified to provide the highest quality of services and are either Accredited by the Ontario Association of Family Mediation, Certified by Family Mediation Canada, or Chartered by the ADR Institute of Ontario.
Each party will have an opportunity to meet with the mediator separately first for an “intake session” to discuss the issues for mediation and ask any questions or canvass any concerns. Parties are “screened” at the intake session (and throughout the process) by the mediator to ensure that all parties feel safe and are of equal bargaining power. Domestic violence is one of the more prevalent forms of power imbalance, which may factor into the mediator’s management of the mediation process.
A series of “joint sessions” will then be held where the mediator assists the parties to negotiate solutions to their family law issues. These “joint” sessions may occur simultaneously or in separate caucus sessions. On average, it takes approximately 6 hours to complete an off-site mediation to conclusion, which includes both intake sessions.
After mediation ends, the mediator writes a “mediation report” which contains all the points of agreement from the mediation. This report is only signed by the mediator. Options for how to obtain legal advice and what to do with the report are discussed with the parties—some of these options include obtaining a separation agreement or court order based on the content of the mediation report.
To make a referral to off-site mediation, please contact an Information and Referral Coordinator for the area you live in via our Contact Us page.
