How Does it Work?

The 1-Day Divorce program is a based on a hybrid mediation – collaborative divorce model. The model designed by Chartered Mediator and Lawyer Nick Greer uses a team based approach to find collaborative resolution for property and children disputes quickly and cost-effectively.

We aim at the end of the session to have a comprehensive agreement ready for the parties to sign or further consider. As we are lawyers and mediators, the agreement is drafted as a legally binding Separation Agreement under the BC Family Law Act and you will not need to pay further fees to have the agreement legally drafted.

Similar to a mediation, the parties meet online or at our Nanaimo or Vancouver mediation rooms. Break-out rooms are available and the parties can begin in different rooms if required. We work with the participants to identify issues find solutions to post-separation issues. An evaluative mediation approach is used, with the family mediator actively suggesting options to the parties.

Generally the morning session is used to reach a general consensus on parenting, support and property division issues. The draft is prepared over the lunch break. The afternoon session then is used to go through the draft agreement line by line and discuss in more detail any remaining issues until parties are satisfied with the draft wording.

Similar to a collaborative divorce model, a neutral divorce coach, financial or children’s expert, or arbitrator can also be present as an add-on option during the session as required by the separation circumstances. We can work with a neutral financial advisor during more complicated financial settlements.

Any agreements reached between the parties are prepared as a legally binding separation agreement during the session. There is no need to go to separate lawyers to legally draft a meditated agreement reached, saving significant cost and time.

At our mediation centre, family lawyer and Chartered Mediator Nick Greer conducts most sessions – Nick is one of BC’s most experienced mediators and has helped separating families though separation in many hundreds of family mediations.

We are neutral in the mediation process. None of the neutral participants (the family mediator, or optional financial or child experts) take sides between the parties or offer independent legal advice. The neutral participants are solely focused on helping both parties reach a resolution.

No party is forced to accept a mediated resolution they do not agree with and there is also no pressure to sign the agreement on the day. If a tentative agreement is reached, the parties have an option of thinking on the draft agreement further before signing or taking the draft agreement to a lawyer (at their own cost) for independent legal advice before signing.

Although this approach results in a resolution in a significant majority of cases, resolution is not guaranteed in the mediation phase. If agreement is not reached, parties have the option to schedule a binding arbitration for a determination of any remaining issues on a following date for a further fee.

This program is not suitable for all cases or participants. Cases involving significant urgency or risk to a party may require litigation or another dispute resolution option. A joint application for a certificate of divorce may be agreed during the session, if required, but may take several months to process (and carries additional court filing fees of $210).

What is the Cost?

A benefit of the program is the significant cost saving over litigation, often 10-20 times less expensive. For property pools < $1.5M, each party pays a fixed fee of $1450 plus tax for the full-day session of mediation. A further fee of $250 from each party is required for each individual intake session of up to 1 hour, file setup, and to confirm the mediation date booking.

Our fee is fixed as a full day needs to be allocated and staffed whether or not the full time is used. However, if the session ends without resolution within 2 hours, the fee is reduced by $500.

Optional Add-ons:

Binding Arbitration: If a resolution is not reached, parties have the option of setting a binding arbitration for any remaining issues in dispute. Please contact our office for costs for this add-on option.

Neutral Financial Adviser (CFP, CFDS – Chartered Financial Divorce Specialist) – 3 hours – $300 plus tax each or as otherwise quoted. A neutral financial expert may be required in matters where complicated finances are under discussion, if the dispute involves corporations, assets are above $1.5M, or complicated support issues need determination.

Neutral Divorce Coach – $150 per hour plus tax, as required. Divorce coaches are certified mental health professionals with special training in Collaborative Divorce. They understand family dynamics and know how to support you through the emotional challenges of separation.

Neutral Child Specialist – $150 per hour plus tax. A Child Specialist is a certified mental health professional with special training in child development and can assist with suggestions and neutral advice in matters where children’s best welfare is being discussed.

Independent Legal Advice – We do not provide independent legal advice or legal strategy to parties as we are neutral. You may wish to consult a lawyer after a tentative agreement is reached. If bringing a lawyer to the session, we strongly suggest the lawyer be accredited as a Collaborative Divorce professional. We can provide a list of local collaboratively trained lawyers.

How Do I Get Started?

The best way to get started is to schedule either a free individual or joint initial information session with us to discuss whether a 1-Day Divorce Session is suitable for your particular situation.

You will meet with our family mediator who can explain the process in more depth, conduct a risk and suitability assessment, and answer any other questions you might have.

As mediators, we can meet with both parties together – and this sometimes makes scheduling your 1-Day Divorce session easier.

There is no cost for this brief meeting to explain the process and provide a detailed cost estimate.

If you wish to proceed, we will then schedule separate online or telephone intake sessions with each party. At the separate intake sessions, we will conduct a mandatory risk and suitability assessment as required by Family Mediation Regulations. We will obtain a list of your objectives, outline the program in more depth and answer any private questions you have. We will discuss the documents and disclosure required to ensure the session proceeds smoothly, and book the main mediation session.