Frequently asked questions

Absolutely. Structure is the key. Fairway’s mediation process separates emotional reactions from decision-making and guides each step with professional support.

Absolutely. Structure is the key. Fairway’s mediation process separates emotional reactions from decision-making and guides each step with professional support.

The Nurtured Children Plan™ places children’s needs first, supporting healthy, consistent co-parenting and shielding kids from the negative effects of family dispute resolution.

Fairway is built for complex financial cases, with Certified Divorce Financial Analysts and external partners assisting with providing accurate valuations and fair outcomes.

A traditional divorce lawyer typically represents one side, often fueling conflict and cost. Family mediation is collaborative, goal-oriented, and keeps both parties—along with their children—in focus.

Yes. Most Fairway clients reach final agreement within 120 days after full financial disclosure, compared to years in the litigation process.

Fairway is committed to changing the way divorce happens and avoiding the destruction to assets and relationships that occur in the traditional system. Here are just a few costly pitfalls you can avoid by choosing Fairway’s divorce mediation process:

• Paying a large retainer
• Filing court documents
• Serving your spouse
• Receiving a statement of defence
• Correspondence between lawyers
• Interim applications
• Serving affidavits
• Countering affidavits
• Examination for discoveries
• Divorce undertakings
• Chambers applications
• Trials
• Judgement
• Filing divorce documents
• Possible appeal

One of the biggest misconceptions – up there with having to be amicable for mediation to work –  is that the mediator is the one who makes all of the decisions or pushes decisions in a specific direction, in a family mediation. The entire concept of mediation is that the parties mediate an outcome without the pressure of the lawyers or of each other. The goal is to get a close to a win-win as possible which completely contradicts the goal of lawyer – whereas the goal of a divorce attorney will always be to win and make the other party lose

The mediator is there to make sure that each side better understands not only the needs of one another, but of themselves. They are there to facilitate the conversation and come to the best solution possible. It is ultimately up to the couple to agree to the outcomes that will work best for moving forward.

There is also a myth that most of the decisions and issues have to be solved before mediation can begin.  This is simply not the case and in fact would make mediation pointless. The entire point of family mediation is to solve problems and  reach agreements on everything from parenting arrangement to asset division.

Working with Fairway Divorce Solutions means helping in the negotiations, generating solutions, and finding positive outcomes. Mediation is about working through the conflicts and bringing both parties to a resolution that may not have been possible through traditional litigation.

Perhaps the biggest myth surrounding family mediation is that it is only for “simple” divorces. Divorces that have a lot of assets or even complicated business matters,  should be handled by litigators, right? Wrong.

There are specialists within the mediation field who are trained to work with complicated financial assets. For most people, the financial aspects of divorce are at the top of the list of concerns and often result in the most conflict.

Just because the situation may entail more than a few financial assets, it does not mean that family mediation isn’t right for you. Talk to our team experts to find out what they can do for your financial situation.

It is safe to say that most married couples do not have the same personality. One person may be more dominant, outspoken, analytical, temperamental, controlling etc. In the event of separation or divorce, there is often a concern that one party may out “power” the other therefore resulting in an unfair outcome.

There is an assumption that without an aggressive litigation lawyer, those who don’t necessarily have “strong” voices won’t be heard during the negotiations.

But the truth of the situation is that mediators ensure that both positions are heard and considered in designing the outcome. One spouse will not be allowed to dominate the conversation and mitigate the other.  

The reason why family mediation works in this instance is because both parties must meet with the mediator. From there, both must be accountable to the process.

The process of mediation is favored and preferred throughout the court system. At the end of the mediation process, when all decisions have been made, a legal Separation Agreement is drafted and signed in front of a lawyer. This lawyer will provide Independent Legal Advice so that the person signing completely understands the terms and is comfortable that their rights have been protected. Once signed by both parties in front of two different lawyers, the contract is binding and enforceable.

Not in the least. A mediator is not a therapist and the goal is not to talk through problems. The goal is to find solutions and to generate discussions between two differing parties. In some cases, these parties will meet the mediator separately to encourage independent decision making. Sure, it can be helpful to talk about the reasons or emotions behind these decisions.

At the end of the day, the effort is made to tackle the problems and to find the solutions to those problems. All of which lead to a signed Separation Agreement that is enforceable in the courts.

Think about it this way. Going through traditional means of litigation can take years. It all depends on the level of contention and how much money each part has available to fight. There is also the availability of the courts as delays can take months or even years before going to trial.

But mediation is about finding a solution sooner. The process, even in a more contentious situation, can take months instead. It is without a doubt a much shorter process to go through mediation than traditional litigation.

It is important to note that lawyers can still be involved in the process even when mediation is favored. An attorney would be there to provide independent legal advice.

The intention of independent legal advice isn’t to involve lawyers in the negotiation process. It is to ensure that each party understands the terms of the separation agreement, and are signing it freely and without pressure from the other party.

Having independent legal advice can also make sure that you understand your responsibilities, obligations, and rights. Mediation also gives each side the choice as to how involved lawyers will be during the process.

The reason that people go through mediation is because there are disputes that need resolving. So, having good communication with your ex is definitely not a prerequisite for the mediation process. In fact, most couples getting a divorce, do not have good communication. 

There are also a variety of mediation types to fit your specific needs. Understanding the different forms of mediation can be valuable before starting. The entire process is meant to assist bringing both sides together so that they can come to an agreement.

• Interest Based Mediation
• Collaborative Divorce lawyer Mediation
• Mediation Arbitration (Med/Arb)
• Directive Mediation
• Facilitative Mediation
• Process Oriented Mediation
• Caucus Mediation
• INR  -Independently Negotiated Resolution™

The short answer is that, yes, they should be willing. After all, the whole point of mediation is to bring both parties together so that a resolution can be achieved. 

So, if your spouse isn’t willing to participate in any sort of discussion,  or they refuse to participate in mediation then in most provinces they will be forced to participate before they can move to litigation. This is not the best scenario as they may have their backs up and refuse to participate ultimately resulting in court.  

The best outcome is to provide them enough information that they can read or view so that they see how it is in their best interest, both financial and otherwise to at least give mediation a real chance.

There are a plethora of resources available that can help bring even the most tenuous of relationships together to the negotiation table. These tools are meant to help assist couples that don’t exactly have the easiest time communicating.

Most divorcing couples need help when it comes to negotiating a separation agreement. Some more than others however mediation can work with both amicable and volatile couples.  As long as there is not physical abuse and personality disorders are not a dominating factor. 

Some parties will engage in collaborative divorce mediation when they are truly concerned about extreme aggression. As stated above there are pros and cons with this type of mediation and that is why it has lost its appeal for most. 

The best way for mediation to work with more volatile couples is to ensure you are working with a mediator who has the experience to handle these type of cases. The should be using a combination of mediation types to ensure the safety of each party and well as that neither party is bullied.