Family Mediation

Zarei Legal Services offers confidential family mediation for separating and divorcing couples in Thornhill, Richmond Hill, Toronto and throughout the Greater Toronto Area (GTA), in English and Persian (Farsi). As neutral mediators, we help both of you talk through the issues and work toward an agreement you can both accept, without the cost, delay and stress of going to court.

What Is Family Mediation?

Family mediation is a voluntary, out-of-court process in which a neutral mediator helps separating or divorcing people negotiate their own agreement. The mediator does not take sides, does not make decisions for you, and does not give either person legal advice. You stay in control of the outcome.

Mediation is encouraged by Canadian family law. Under the federal Divorce Act, parties to a divorce proceeding are expected to try to resolve their issues through a family dispute resolution process, such as mediation, where it is appropriate to do so.

Issues We Can Help You Resolve

• Parenting time and decision-making responsibility for children
• Child support and spousal support
• Division of property, the matrimonial home and family debts
• Practical arrangements after separation, such as moving, schedules and communication
• A plan for resolving future disagreements

We also understand the cultural and cross-border issues that often arise for Iranian families in Canada, such as mahr (mehriyeh), property located in Iran, and divorces that need to be recognized in both countries. You may find our articles on the recognition of Iranian divorce in Ontario and Iranian divorce outside Iran helpful.

How the Mediation Process Works

1. Intake meetings: we meet with each person separately to understand the issues and to screen for family violence or power imbalances that could make mediation unsafe or unfair.
2. Mediation agreement: both participants sign an agreement that sets out the process, confidentiality and fees.
3. Financial disclosure: you exchange the financial information needed to discuss support and property fairly.
4. Mediation sessions: joint meetings, or separate “shuttle” sessions if you prefer not to be in the same room, in person at our Thornhill office or online.
5. Memorandum of Understanding: we prepare a written summary of the terms you have agreed on.
6. Independent legal advice: each of you reviews the terms with your own lawyer before they are turned into a signed separation agreement or a consent court order.

Open or Closed Mediation

In closed mediation, what is said during mediation cannot be used later in court, except in limited situations such as concerns about a child’s safety. In open mediation, the discussions can be referred to in court and the mediator may prepare a report. In Ontario, mediation is generally closed unless both people agree otherwise. We will explain both options before you begin.

Is Mediation Right for You?

Mediation works best when both people can participate safely and speak freely. It may not be suitable where there is family violence, fear of the other person, or a serious imbalance of power. If our screening shows that mediation is not appropriate, we will tell you and discuss other options.

Important to Know

• Mediation is voluntary, and either person can end it at any time.
• As mediators, we remain neutral. We do not represent or give legal advice to either person.
• We strongly recommend that each person obtain independent legal advice from a family lawyer before signing any agreement.
• A mediated agreement is not legally binding until it is put into a proper written agreement or court order. In Ontario, a separation agreement must be in writing, signed by both parties and witnessed.

Frequently Asked Questions

Is a mediator’s decision binding?

No. A mediator does not make decisions. The agreement belongs to the two of you, and it becomes binding only when it is properly put into a signed separation agreement or a court order, ideally after each of you has received independent legal advice.

Do we have to be in the same room?

No. Sessions can be held separately (shuttle mediation) or online by video, depending on what is safe and comfortable for both of you.

Can mediation be conducted in Persian (Farsi)?

Yes. We offer mediation in both English and Persian, which allows each person to express themselves clearly in the language they are most comfortable with.

How long does mediation take?

It depends on the number and complexity of the issues and on how quickly financial information is exchanged. Many couples resolve their issues in a few sessions, which is usually much faster and less expensive than going to court.

Is subsidized family mediation available in Ontario?

Yes. Ontario offers court-connected family mediation, including free on-site mediation on the day your case is in court and off-site mediation with fees based on income. Legal Aid Ontario may also help eligible people. We are happy to discuss which option suits your situation.

Ready to talk? Contact us to book a confidential consultation in English or Persian. Call (416) 500-2891 or send us a message.

This page provides general information only and is not legal advice. For advice about your specific situation, please consult a lawyer.