Yellowknife Inn



 Features

 Front Page
 News Desk
 News Briefs
 News Summaries
 Columnists
 Sports
 Editorial
 Arctic arts
 Readers comment
 Find a job
 Tenders
 Classifieds
 Subscriptions
 Market reports
 Handy Links
 Best of Bush
 Visitors guides
 Obituaries
 Feature Issues
 Advertising
 Contacts
 Today's weather
 Leave a message


SSISearch NNSL
 www.SSIMIcro.com

NNSL on CD

. NNSL Logo
SSIMicro
Home page text size buttonsbigger textsmall textText size Email this articleE-mail this page

Separate together

Lauren McKeon
Northern News Services
Published Friday, September 4, 2009

SOMBA K'E/YELLOWKNIFE - The goal of the territorial government's new family law mediation program can be summed up in two words: separate together.

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.

The mediation process
  • The first step, once you decide to proceed with the GNWT's mediation program, is to call 1-866-217-8923 to ensure mediation is right for you, and if it is, to be set up with one of several privately contracted mediators on the government's roster.
  • A first meeting can normally be arranged within a few days, and usually two weeks at most, depending on the availability of mediators.
  • The mediator will then meet privately with each person to explain how the process will work and then to address any concerns one may have.
  • The process begins when the mediator meets with both parties. Each person will be asked to sign an agreement indicating they are participating in good faith. Communication in the mediation process must be respectful and honest.
  • At the joint meeting each party tells their side of the story and talks about orders of priority.
  • Then, together, the couple brainstorms ways to reach decisions that are in the best interest of each of them and their children.
  • An agreement is reached with best decisions chosen.
  • Once that verbal agreement is reached, the mediator will help prepare a written document for each of them to sign. It is strongly recommended parties take their agreements to a lawyer before signing.
  • While the length of mediation is unique to each case, a resolution can usually be reached within the eight hours allotted. If a person needs longer than is funded to reach resolution, the government may continue to fund a mediator if the parties are close to resolution.

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.