• consult with a lawyer to know your rights and responsibilities;
• arrange your own transportation to and from appointments. Do not travel with the other party;
• inform the mediator of any cultural considerations (eg. smudge, prayer, etc) that you would like to include in the mediation process;
• bring any existing court orders, including no-contact/ restraining orders;
• bring variances to any no-contact/ restraining orders;
• have an idea of what topics you wish to discuss. Bring a list if necessary;
• do not bring children;
• come prepared to work with the other party; not against them.

 

Confidentiality:

1. The Mediator will not voluntarily disclose any verbal and/ or written communication that takes place during meetings. The following exceptions apply:

• Where information suggests an actual or perceived threat to human life and/ or safety;
• Where ordered to do so by law;
• Disclosure for lawyers or third party advisors;
• Where any party makes a claim or complaint against the Mediator, their staff or interns;
• Research and/ or educational purposes (non-identifying information);
• On written consent.

2. Language interpreters, mediation interns and/ or assistants for the purposes of professional training may be present during individual and group meetings. All such observers and/ or participants are also bound by the same rules of confidentiality as the Mediator as outlined in Paragraph 1.

3. Mediation is a voluntary process, and any participant has the right to withdraw from the process at any time. The Mediator will not disclose if a party withdraws from the process unless the party consents to the disclosure.

4. None of the parties may record the content of any mediation appointments through any means such as audio, video etc.

5. None of the parties may summons nor otherwise require the Mediator to testify and/or produce records and/ or notes in any current or future civil proceedings (including Family Court and Child Welfare Court).

6. It is the discretion of the Mediator as to whether or not they meet with the child(ren) as part of this process. The Mediator meeting with the child(ren) does not guarantee that the mediation will continue to the joint mediation session.

 

Virtual Meetings (i.e. Zoom):

• ensure you have a stable internet connection;
• use the Zoom meeting link well in advance of your scheduled appointment to ensure you can login, and test audio and video connections;
• ensure you have privacy and no distractions;
• children should not be present;

 

Support People:

• you may invite a support person to attend your appointments;
• choose your support person wisely. Ensure they are capable of acting as a support, and will not escalate conflict with the other party;
• you are not able to choose whether or not the other party has a support person, or who that support person may be. You may however decline to participate in the process, and this cannot be used against you;
• if bringing a support person to the joint mediation session, you must inform the mediator a minimum of one (1) week in advance of the scheduled joint mediation session. This allows time for the mediator to prepare the support person for the joint mediation session(s). If you do not provide the mediator with sufficient notice that you wish to have a support person for the joint mediation session, the joint mediation session may be cancelled, and you may be responsible for paying for the appointment;
• prior to the joint mediation session, the mediator will inform the other party that you are bringing a support person, and who that support person will be.

 

Child Protection Mediation:

• the mediator is NOT an employee of the child welfare/ child well-being agency. The mediator is an independently contracted neutral facilitator;
• no communication to or from the mediator can be put in court files, CAS casenotes, etc;
• there is no note-taking by parties (CAS, or family members) or their lawyers during the joint mediation session(s). There is a possible exception for a Children’s Lawyer;
• the Office of the Children’s Lawyer MAY appoint a lawyer to represent your child(ren) in the mediation process.