AshgroveFamily Law · Ottawa (555) 555-0113 Request a consultation

Settling out of court

Mediation, collaborative law, and when court is the right call

Most separating couples can settle without a judge. Here is how the options compare, and what each one looks like from the first call to a signed agreement.

Side by side

How the three routes compare

Our usual estimates for Ottawa matters. Every family is different, and we give you a written estimate for yours.

Mediation, collaborative law and court
 MediationCollaborative lawCourt
Who decidesYou both, with a neutral mediator helpingYou both, each with your own lawyer at the tableA judge, if you cannot agree
Usual time2 to 4 months, 3 to 6 sessions3 to 8 months1 to 3 years for a contested case
Usual legal cost, each$3,000 to $8,000, including your own legal advice$8,000 to $20,000$25,000 to well over $75,000
Private?Yes, sessions are confidentialYes, under a signed participation agreementNo, court files are generally public
Lawyers' roleEach of you gets advice outside the sessions and before signingYour lawyer advises and negotiates beside you. If it breaks down, both lawyers step asideYour lawyer prepares the documents and argues your case
Works best whenYou can talk, even with difficulty, and both share informationFinances are complex, or you want strong support in the roomThere are safety concerns, urgency, or someone hides information

Mediation, step by step

From the first call to a signed agreement

  1. A free 15-minute call

    Either of you can call. We explain how mediation works and what it costs.

    Week 1
  2. Separate intake meetings

    The mediator meets each of you alone to check that mediation is safe and fair, including for family violence or a power imbalance.

    Weeks 1 to 2
  3. A mediation agreement

    You both sign the ground rules: confidentiality, fees (usually shared) and how sessions run.

  4. Sharing financial information

    Each of you lists income, property and debts with documents, so decisions rest on the same facts.

    Weeks 2 to 5
  5. Joint sessions

    Two to three hours each, in one room, by video, or in separate rooms with the mediator moving between you.

    3 to 6 sessions
  6. A summary of what you agreed

    The mediator writes it up. It is not binding yet.

  7. Your own advice, then signing

    Each of you takes the summary to your own lawyer, and it becomes a separation agreement.

A dirt path through a sunlit forest of tall trees

Collaborative law

Two lawyers, one table, no court

In collaborative law, you and your spouse each hire a lawyer trained in the process. All four of you sign a participation agreement: you will share information openly, negotiate in good faith, and not go to court. If the process breaks down, both lawyers step aside, which keeps everyone focused on settling.

Meetings are usually four-way. When it helps, a neutral financial specialist or a family professional joins to work through budgets or a parenting plan.

If one of our lawyers mediates

Daniel Osei works as a family mediator. When he mediates for you, nobody at Ashgrove can act for either of you as your own lawyer, so we refer each of you elsewhere for independent advice.

Hands holding two lattes with leaf art and an iced coffee over a café table, seen from above

When court is the right choice

Sometimes a judge needs to decide

We will tell you plainly when an out-of-court route is not safe or not working, and we will go to court with you.

  • Safety

    Family violence, threats or coercive control. Your safety comes before any process.

  • Urgency

    A child about to be moved away, or property about to be sold or emptied.

  • Hidden information

    One person will not share income or property information, even when asked properly.

Thinking mediation might work for you?

Either of you can request a call. We will explain the process and costs, and the mediator will meet each of you separately before anything begins.

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