Frequently asked questions

Yes, when properly executed. A separation agreement signed by both parties, with each having received independent legal advice, is a legally binding contract in Canada. It can be filed with the court and enforced like any other contract. Parenting and support provisions can be varied by a court if circumstances change materially.

Full financial disclosure is a prerequisite for an enforceable agreement — and a mediator will not proceed to financial terms without it. If a party refuses to disclose, mediation may not be possible, and court proceedings (which include compelled disclosure) may be necessary. Courts have significant tools to penalize non-disclosure, including adjusting equalization in favour of the wronged party and contempt of court orders.

Yes — parenting arrangements are among the most commonly mediated issues, and mediators with family law training are well equipped to help parents develop workable parenting plans. Agreements reached by parents through mediation tend to have higher compliance rates than court-imposed orders because both parties had a voice in creating them.

In mediation, the mediator helps the parties reach their own agreement — no decision is imposed. In arbitration, the arbitrator acts like a private judge and makes a binding decision after hearing both parties. Med-arb combines both: the process begins as mediation, and if the parties cannot reach agreement on any issue, the neutral switches to arbitrator mode and decides the remaining issues.

Yes, though complex financial cases benefit from mediators with financial expertise, and may also involve a Certified Divorce Financial Analyst (CDFA) or business valuator to ensure both parties understand the numbers before negotiating. Mediation is regularly used in high-net-worth separations precisely because it offers privacy and flexibility that court proceedings do not.

Start with Family Mediation Canada (fmc.ca) or your provincial association (OAFM in Ontario, BC Mediator Roster Society in BC). Court registries and Legal Aid offices can also refer you to court-connected or subsidized programs. Ask any prospective mediator about their qualifications, training in family violence screening, and experience with cases like yours.

Partial mediation is common — parties often agree on some issues and remain in dispute on others. Any issues resolved in mediation reduce the scope of any subsequent court proceedings, saving time and cost. You are never locked in; either party can withdraw from mediation at any time, and anything discussed in mediation is generally confidential and cannot be used as evidence in court.