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Separate together
Lauren McKeon Northern News Services Published Friday, September 4, 2009
Launched in late March, the estimated $80,000 program aims to encourage couples involved in the process of separation or divorce to resolve matters cooperatively and outside of court.
As part of bid to boost what is called "non-adversarial" divorce, the GNWT will pay for those looking to go the mediation route to meet with a mediator for up to nine hours, one hour of one-on-one time and eight hours with the other person to develop an agreement. A person's income has no deciding factor on whether they are eligible for the program, with the focus instead on promoting mediation. "It's designed to keep people out of the courtroom and hopefully it will allow them to resolve these family law disputes (in a manner) that's less adversarial than you'd find in courts," said Mike Reddy, a senior policy analyst with the justice department, who also acts as the program's administrator. He added people can use mediation to help resolve issues such as child support, spousal support and custody and access agreements. Typically, the process is thought to be less costly - drastically minimizing the cost of lawyers if successful - and less emotionally draining than going to court, said Reddy. "The key point with mediation is that the parties reach an agreement by themselves," he said. The program was launched after a pilot mediation program, which ran from 2005 to 2008, under which the government employed one mediator. Getting enough response, the government decided to launch a full-fledged program with a roster of mediators. "(Mediation) is the way the tide is moving across the country at this point," he said. Already, the government has received more than 70 calls for mediation services, and there are about 30 mediation processes ongoing or currently completed to date. It's enough for the GNWT to be pleased with the program's response and keep it going indefinitely, said Reddy. Elaine Keenan-Bengts, a Yellowknife family law lawyer, said the new program is a step in the right direction. "Courts are not the best place to deal with family law," she agreed. However, Keenan-Bengts cautioned that mediation "is not meant to replace lawyers" and both parties still need to involve lawyers - especially since a mediation agreement is not legally binding and a formal document will need to be completed and approved by a lawyer. "We strongly, strongly, strongly recommend that parties still seek legal counsel before they sign a binding agreement," agreed Reddy. "The mediator's role is not to tell the person what he or she may be entitled to ... but to help them resolve the issues and to reach an agreement that both people are happy with," he said. It's unlikely a lawyer will tear apart any agreement completed by a mediator, added Keenan-Bengts, but the lawyer will make sure the person is aware of what they are legally entitled to under the law, and may advise on any large discrepancies between what has been mediated and what is written in law. |