Preparation for mediation

© Mediation Service Unified Family Court, Hamilton, Ontario

Financial and property issues

The following outline lists various areas which may be relevant to you in mediation. This guide should help prepare you for mediation sessions and identify areas that you will need to consider prior to commencing mediation.

1. Prior to commencing mediation

• Choose and consult with a lawyer regarding your situation, rights and obligations.
• Complete financial disclosure and file financial statements through your lawyer.
• Advise your lawyer you wish to mediate.
• Ensure you are aware of your legal fees and the court process.
• Some suggested reading regarding family law:
  1. The Everyday Guide to Family Law; Michael G. Cochrane, LL.B.
  2. The New Family Law; Lorne H. Wolfson, LL.B., LL.M.

Please Note: The Family Mediation Centre will not begin financial mediation without financial statements completed and filed.

2. What to bring to first session

• Completed and sworn financial statement.
• Existing court orders.
• Separation agreement.
• Any appropriate documents.

3. Issues to be considered for mediation

1. Division of property
   • List of matrimonial property and approximate value.
   • Think about what will happen with the matrimonial home.
   • How will you divide the household contents?
   • Are there pensions to be valued? If so, start the valuation process with your lawyer.
   • Were there property assets before marriage and also debts?
   • Was there an inheritance during marriage for either spouse?
   • Debts during the marriage.
2. Support--spousal and child
   • Is spousal support a consideration?
   • Think about how much and for how long?
   • Tax implications?
   • Is child support an issue?
   • Will there be a cost-of-living index?
   • What amount of child support is appropriate? What does it cover?
   • What will trigger a change or end to support?
   • Education fund?
3. Medical/dental expenses
   If you have insurance through your employer, many expenses would be covered. But you need to think about coverage for the children and possibly the other parent and how this coverage will occur. If there is no medical coverage available through either parent, then
   • who pays for medical/dental expenses for the children or the other parent?
   • what does the coverage include?
4. Life Insurance
   Life insurance is usually in place for most people. Be aware of the type of policy/policies you and your partner have.
   • will the beneficiary stay the same or change?
   • who will pay the premiums?
   • is insurance needed to protect support?