Mediation
A mediator is a neutral third party who helps people reach their own agreement on a variety of issues, including parenting arrangements, spousal and child support, and property division. Mediation may not be appropriate for every family, especially if there is violence or a power imbalance between the parties.
What public mediation services are offered by the Manitoba government?
Manitoba offers comprehensive mediation services for separating couples, parents, guardianship applicants and grandparents in partnership with community organizations. Specialists and supports can offer general conflict resolution support to assist separating families. They may also develop a joint plan with a family to assist with resolving conflicts related to:
- date of cohabitation
- date of separation
- parenting arrangements
- child and spousal support
- property division
Mediation specialists and supports may also help families meet pre-requisites for court and offer referrals to specialized services.
For more information, please contact GetGuidance@gov.mb.ca or call: 204-945-2313 (Winnipeg) or 1-844-808-2313 (toll-free).
Who offers mediation services privately?
Social workers, psychologists, lawyers and other persons in the private sector may offer mediation on parenting and financial issues on a fee-for-service basis. Many of these people advertise online.
You can contact ADR Institute of Manitoba or Family Mediation Canada, for a list of people who do mediation.
There are no laws requiring people who practise as mediators to have specialized training or qualifications. Before retaining a mediator, it is important to ask about the person’s qualifications. For example, ask if Family Mediation Canada has certified the mediator.
For whom does mediation work best?
Family mediation can be successful in resolving differences between couples including parents. Couples come to an agreement between 50 to 90 per cent of the time, with most reports showing about an 80 per cent success rate and high satisfaction with the process. Mediation is effective whether it takes place early or later in the legal process, though most experts agree that beginning mediation earlier is best.
But, sometimes, mediation is not successful. For example, when one or both individuals distrust each other very strongly, cannot see the value of an individual’s ongoing involvement in a child’s life, or holds back important financial information or information about the child, it is less likely that an agreement will be reached. When there is ongoing conflict between individuals, the mediator(s) must have experience working with high conflict situations to understand the situation and help the parents cope.
When there is a history of family violence, mediation is usually not recommended. It can sometimes still work for families if the violence has stopped, the perpetrators have each received counselling and support to address the violence, and the mediator(s) has specialized training in working with families with a history of family violence.