Question 1

How long does the process take?

Accepted Answer

I have designed the process to take about 3 to 6 weeks from the time you meet me in a pre-mediation meeting to the time you have a separation agreement in hand. But, this is an estimate. 80 percent of people will fall into this range. 10 percent will be faster - they have a simple situation and a low level of conflict. 10 percent of people will take longer - they have a complex situation and/or high conflict and so they require additional sessions. But, really, for 80 percent of people it falls in this time frame.

Question 2

How much will mediation cost?

Accepted Answer

It generally costs between $3,500 and $5,000 for the pre-mediation meetings, the mediation and drafting the separation agreement. Each party is responsible to pay for half of the fees, unless you agree to another arrangement. For more details, the pricing estimates are outlined in the Pricing section.

Question 3

How does mediation compare in price to just hiring lawyers?

Accepted Answer

In my experience its much less expensive to use a mediation process because you're co-creating the plan instead of fighting about it. That in itself is the major difference. When you hire laywers you are paying them to get the best outcome for each of you. With that approach, it becomes a tug of war; and that takes a long time and costs a lot of money. It's also just the logistics of mediation that contributes to it's efficiency. In mediation, we book a meeting where everyone has dedicated the time and energy to working out a plan. We sit together and we roll up our sleeves and figure it out. We get it done. With hiring two lawyers, proposal letters go back and forth and it feels like there's never actual connection on anything. When I worked as a family lawyer, my assistant used to say, with a resigned tone, "It's like ships passing in the night" ... and it was! Letters would go back and forth and nothing seemed to ever happen. But, the invoices would keep mounting. In my experience, at my old firm, I'd ask for a retainer of $5,000 to get the file opened. Nothing would happen for less than that and most often we'd be seeking at least one other retainer before the file was resolved. Mediation is half the cost, at least. I think the key really is that actually coming together and dedicating the time to work out a plan that works for everyone means it's done in a day. Less time = lower cost.

Question 4

We already agree. Do we need mediation?

Accepted Answer

Mediation is a great process for those that agree already. I will work with you both to flesh out your agreement and help you work out the details of your plan together. Mediation allows you to build on your agreement as opposed to divide you in an adversarial process. As a family law mediator, I'll draft your agreement for you in neutral legal language so that it does not benefit either party. When you have a lawyer do the drafting, it is the lawyer's job to benefit their own client, so the language often benefits their client. Then the other person takes the agreement to a lawyer and their lawyer wants to change that language. That's starts a bit of a back and forth process to try to refine that language. It all takes time and money. The way I explain it is that I help both of you for 95% of the process and then once the drafting is complete, you can each take it to your lawyers for a final review. This allows you to split the cost, saving thousands in legal fees.

Question 5

Do we actually need a separation agreement?

Accepted Answer

Whether you're married or common-law, if you have children and/or property together, then you need a separation agreement. First, it's a written record of the agreements you make. It ensures that you both understand it in the same way and that all of the details are ironed out. This decreases future disagreements, but also serves as a record of the agreement in case a dispute arises later on. Second, other professionals will need your agreement to facilitate the various transactions outlined in your financial settlement. Your separation agreement serves as instructions for lawyers, financial advisers, and lenders. A bank will not extend funds or refinance unless there is a signed agreement showing a finalization of the financial matters between you. A financial manager will not split your RRSP funds without a signed separation agreement saying that they can.

Question 6

Is the agreement you draft legally binding?

Accepted Answer

Yes, once the mediation is done, I draft a legal separation agreement for you. And once that agreement is signed, it is legally binding. I use neutral legal language and clauses that are commonly used in British Columbia, so that your lawyer will be familiar with the structure and wording.

FREQUENTLY ASKED QUESTIONS

We already agree. Do we need mediation?

Do we actually need a separation agreement?

Why do we have to meet with you separately?

Rebecca Alleyne Family Law Mediation
201 - 1842 Oak Bay Avenue

(250) 595-0323