When spouses go their separate ways, many can work out an agreement that handles all the legal matters between them. There are some spouses, however, who need assistance in figuring out how to divide the family property, what to do about financial support, and how to manage co-parenting.
For a long time, the “go-to” to figure out these matters was to hire a lawyer and battle it out in court. Because the courts were getting bogged down with family disputes and former spouses were becoming highly adversarial, legislation changed. Now, the standard is to seek first to make agreements through early dispute resolution before heading to court.
One of the options for early dispute resolution is family mediation. A family mediator helps the parties involved work through their disputes and, with any luck, come to an agreement that resolves any matters coming out of the dissolution of their domestic partnership.
Family mediators are impartial third parties who assist parties through the mediation process. Though there are many models of mediation, most mediation processes include the following steps:
- Preparation
In this stage, the mediator gets to know the parties and their unique situation and needs. The mediator will also help the parties set ground rules for their discussions and criteria for what solutions will be satisfactory.
- Identify
This stage involves the mediator working with the parties to identify the issues that need to be resolved. These issues may include such matters as what to do with the family home, who needs financial support, and how to co-parent effectively.
- Explore
The mediator then helps the parties explore what is important to each of them about the issues that need to be resolved. The mediator might ask each party what their beliefs, values, needs, and fears are about each issue. They might also ask what the parties’ priorities are, their expectations, their assumptions, their concerns, and what their hopes are as related to the issues.
- Create
With guidance from the mediator, the parties create options that will solve the issues to their mutual satisfaction. During this stage, the mediator encourages the parties to brainstorm without judgment, creating as many options as possible, even if those options seem unconventional.
- Evaluate
When the parties have created options to resolve the issues, the mediator assists them in evaluating if any of the options will be appropriate for their unique needs and situation. The mediator helps the parties measure the options against what is important to each of them to narrow down and select which options will work the most effectively.
- Solve
After the parties have selected the options that will work best for them, the mediator closes the process by summarizing the agreements made. The mediator may send the parties a summary, a memorandum of understanding, or a draft agreement. The information the mediator provides should include what the issues were, what is important to each party about said issues, and how the issues are solved by the agreements made between the parties.
Many people find the mediation approach to be more efficient, peaceful, and cost-effective than the litigation process. Mediation can also help parties develop lifelong communication and problem-solving skills, which is particularly helpful for folks who must have an ongoing co-parenting relationship. Therefore, the benefits of mediation can also be enjoyed by children of separation and divorce.
If becoming a family mediator is of interest to you, you may want to consider becoming a recognized family mediator under Section 7-4 of The King’s Bench Act, 2023.
To be a recognized family mediator, you must be a member in good standing with one of the following organizations:
Visit any of the links above to learn how to become a member.
You must hold professional liability insurance for your mediation practice. If you need to apply for insurance, MARSH offers liability insurance for mediators. If you do not want to use MARSH, contact your local insurance brokerage to learn about what options are available to you.
You must also have:
- At least two years of experience in family-related practice and have mediated at least two family law disputes under the supervision of a recognized family mediator,
or
- At least five years of experience in family law practice and have facilitated at least 10 family law mediations; and
- 80 hours of mediation theory and skills training, including:
- 21 hours of family dynamics in separation and divorce;
- Seven hours about financial issues related to separation and divorce;
- Seven hours about ethical issues related to the practice of mediation and
- Seven hours about drafting meeting summaries or memorandums of understanding.
- 14 hours of training about family violence identification, assessment, screening, and management in the family dispute resolution process; and
- 21 hours of family law training (for mediators who are not also lawyers) and an understanding of the specifics of family law in the jurisdiction of Saskatchewan.
If you meet the above requirements, you can apply to become a recognized family mediator by filling out the form on the Government of Saskatchewan website and submitting it to earlyfamilyresolution@gov.sk.ca
When you are successful in your application to be a recognized family mediator under the legislation, you will need to:
- Complete at least six hours of continuing professional development applicable to family dispute resolution annually;
- Continue your membership in good standing to one of the organizations as listed earlier in this post, and
- Maintain your professional liability insurance for your mediation practice.
If you need training to meet the requirements to become a recognized family mediator, please check out the CommonSense Mediation Academy training page. We offer many course options that will help you become a recognized family mediator.
If you are unsure what training to take, please contact admin@commonsensemediation.ca, and the academy administrator will assist you in making an education plan that will help you meet your goals.
