The concept of mandatory mediation is inconsistent, as mediation is by definition a process of cooperation, interactivity and participation (Vestal, 1999). Pearson- Thoennes (1986) proposes the following definition of mediation: You can also incorporate your children`s views into the legal process of mediation or collaboration. It`s a good idea to talk to your mediator or the collaborative legal team to decide if this is possible or appropriate in your situation. For example, your children may share their views with the mediator, who then shares them with you and the other parent as part of the discussions. Walsh, M.R. – Bone, J.M (1997). Parental alienation syndrome: a child care problem. The Florida Bar Journal, June 1997, 93-96. Mediation is a method you can use to negotiate a child care agreement with the other parent. However, if you have not been ordered by the court to attempt mediation, then there is really no definitive legal consequence for refusing to participate. If the other parent brings you to court later, he or she may attempt to argue your refusal to arbitrate before the judge. Cartwright (1993) notes that while negotiations are often a good solution in other forms of litigation, they tend not to be effective in the case of PAS.
Intermediaries must be adapted to the signs of PAS. You need to understand the allied parent`s attempts to stop the process while accusing the other parent; These tactics send a warning that this case needs an alternative process – a different model of mediation than the traditional model – to succeed in mediation. You and the other parent may want to write an education plan that is legally binding. This means that you can ask a court to enforce it. If you have included your education plan in your order in accordance with the Divorce Act, it is legally binding. If you do not enter into parental agreements under the Divorce Act, you may decide to include your parenting plan in a provincial or territorial law order or to make it a legally binding agreement. For more information on collusion and contracting under provincial and territorial legislation, visit the National and Territorial Family Law websites. You`ll find links to these pages under Useful Links. If the parents do not agree to involve additional experts in the negotiations, the Ombudsman would recommend to the respective lawyers of the parties to appoint an AAL to protect the interests of the child.
This is done with the knowledge of the parents. In other words, the Mediator first tries to accept the idea of both parents. If they do not accept both, the Ombudsman should acknowledge the potentially dangerous situation for children and express this concern to the lawyers representing the parents. The Tribunal`s response should be the appointment of an LAA. At this stage, custody litigation may or may not continue in mediation. You can reach an agreement with the other parent through negotiation, with or without a lawyer, mediation or the right to collaborate. Or you can decide someone else to decide the matter through arbitration (available in some provinces) or go to court.