Our guide to the divorce mediation process

The divorce mediation process offers a pragmatic approach to resolving divorce disputes. In British Columbia, family law mediators ensure agreements reached are fair, legally compliant and sustainable. By choosing mediation, divorcing couples can achieve a more amicable, efficient and cost-effective dispute resolution. This paves the way for a healthier, post-divorce future. 

The role of the mediator

Family law mediators often have legal backgrounds, providing a thorough understanding of the legal implications of divorce agreements. As a mediator and family lawyer, Sandy ensures that the mediated agreements comply with BC’s family laws. He does not, however, take sides or provide legal advice during mediation. Instead, he creates a safe space for dialogue, encourages cooperation and helps parties focus on practical solutions.

Understanding the divorce mediation process

Divorce is inherently challenging, but the mediation process can ease some of the burdens. Mediation involves a neutral third party—the mediator—who facilitates discussions between the divorcing parties to reach a mutually agreeable settlement. Sandy’s role as mediator is to guide the conversation, ensure both parties' voices are heard and help work through differences to arrive at an agreement that works for everyone.

While every divorce is different, the mediation process typically unfolds in the following stages:

  • The mediation process begins with a 60-90 minute individual consultation. Sandy explains the process, sets expectations and answers questions. This meeting also allows both parties to assess whether mediation is right for them. 

    During this stage, Sandy will also discuss the potential benefits of mediation. This may include its cost-effectiveness, confidentiality and the ability to preserve relationships—especially important for co-parenting situations.

  • Once both parties agree to proceed, Sandy gathers necessary information. Examples include financial documents, parenting plans and any other relevant information. 

    This stage is crucial for understanding the full scope of issues that need to be addressed, such as property division, child custody and support arrangements. Sandy may also request information about each party's goals and priorities to better facilitate productive discussions.

  • Sandy helps set an agenda based on the issues identified, ensuring that all critical matters will be discussed. Prioritizing issues can also help manage time effectively during the session. This step ensures that the mediation process remains focused and efficient, addressing the most pressing concerns first.

  • Mediation sessions are at the heart of the divorce mediation process. Depending on the complexity, mediation may lead to a resolution in one day. Or it may require a number of a series of half-day mediations with homework in between. 

    These sessions can be conducted in person or virtually, depending on your preference. Sandy facilitates communication, helping parties articulate their needs and concerns. He encourages open communication, active listening and a problem-solving approach to find mutually acceptable solutions.

  • The goal of mediation is to reach an agreement that both parties find acceptable. This requires compromise and flexibility from both sides. Sandy’s role as mediator is to ensure the parties arrive at an agreement that works for all involved. 

    Once an acceptable agreement is reached, Sandy will prepare the legal document. He will recommend that the parties get independent legal advice before signing off. (If you are represented by counsel at the mediation then this proviso does not apply.)  

    Sandy, in his role as a mediator, can’t give legal advice to the parties. He can inform you of the law but not give advice.

  • The final stage involves each party consulting with their respective divorce lawyers to review the agreement. Your lawyers can provide legal advice and ensure that the agreement protects each of your specific interests. After any necessary adjustments, the agreement is signed as a legally binding agreement. It is then filed with the court.

  • In some cases, mediation may not be suitable. Examples include situations involving active addiction, domestic violence or an inability to act in good faith. Sandy will carefully assess each case to determine if mediation is appropriate. 

    Mediation requires a willingness from both parties to work towards a compromise. If one party is unwilling to engage in the process constructively, mediation services may not be the best option.

  • Understanding the financial strain divorce can impose, Kovacs Family Law Mediation provides mediation services at a flat rate of $5,000 per full day. This transparent pricing ensures predictable costs for our clients. Our comprehensive services include pre-mediation calls, individual screening, mediation sessions, agreement preparation and travel time.

Our commitment to your success

At Kovacs Family Law Mediation, we are committed to guiding you through the mediation process with professionalism, empathy and a focus on practical solutions. Our team, led by Sandy Kovacs, brings extensive legal expertise and mediation experience. This ensures that your rights and interests are protected throughout the process.

We understand that the divorce process is a challenging and emotional journey. This is why we strive to create a supportive and respectful environment for all parties involved. Our goal is to help you navigate this transition with clarity, compassion and a commitment to finding resolutions that work for your family’s unique circumstances.