Moves from positions to interests, options, evidence and a realistic agenda.
Use it when: in the two weeks before mediation and update it as disclosure arrives.
Download the worksheetCurrent legal informationReviewed through July 2026This guide provides general information, not advice about a specific matter.
These worksheets help you arrive at mediation with organized facts, usable options and a clear understanding of what still prevents informed settlement.
Moves from positions to interests, options, evidence and a realistic agenda.
Use it when: in the two weeks before mediation and update it as disclosure arrives.
Download the worksheetA go, conditional-go or pause test for whether financial mediation can produce an informed result.
Use it when: before booking a final settlement session or signing minutes of settlement.
Download the worksheetTests whether proposed terms are clear, financeable, enforceable and workable in ordinary life.
Use it when: before saying yes to a package proposal or signing settlement terms.
Download the worksheetA form should do more than collect facts. These notes explain the hidden issue each worksheet is intended to surface, using concrete examples rather than a generic list of legal topics.
Mediation time is expensive when it is spent discovering what the dispute is. We identify the decision, the interest beneath each position, the evidence needed and at least two workable options so the session can be used to negotiate rather than inventory confusion.
For example: “I must keep the house” may mean “the children need school stability” or “I cannot absorb a move this year.” Once the interest is named, options can include a delayed sale, temporary possession, a refinance deadline or another nearby home—not only an immediate buyout fight.
Compromise is not informed if the number being divided is still a guess. We distinguish missing records that can be managed with a condition from gaps serious enough to pause the financial negotiation, while allowing suitable parenting or process issues to keep moving.
For example: The home appraisal is current, but the pension statement is missing and the business valuation is 18 months old. The parties might mediate a parenting schedule now and set a disclosure timetable, while postponing a final property package until the financial picture is reliable.
A settlement should survive an ordinary bad week, not only make sense in the room where it was negotiated. We test dates, triggers, payment mechanics, default rules, tax assumptions and the human tasks required to make each clause work without another round of conflict.
For example: “Parents share extracurricular costs 50/50” leaves unanswered which activities qualify, whether advance consent is required, how reimbursement works and what happens above a spending cap. A durable term supplies the administration rules, not just the headline percentage.
Negotiation, mediation, arbitration and court are different tools. The right choice depends on whether the parties need help communicating, need a binding decision, face an urgent issue, have reliable disclosure, and can participate safely.
A process can also be staged: exchange disclosure first, mediate the issues capable of agreement, and save arbitration or court for what remains.
A mediator is a neutral facilitator — they do not impose an outcome. Mediation can address parenting, support, property and the terms of a separation agreement, either lawyer-assisted or with legal advice obtained between sessions.
A mediation summary is not necessarily a binding final agreement. Convert the result into properly drafted documents, supported by complete disclosure and reviewed through independent legal advice.
In arbitration, the parties agree to appoint a neutral arbitrator to decide defined issues. The arbitration agreement should identify jurisdiction, procedure, evidence, timelines, confidentiality, interim powers, reasons, costs and any appeal route available under the agreement and law.
Arbitration can offer scheduling flexibility and a decision-maker with family-law experience. It is still an adjudicative process and requires careful preparation and procedural fairness.
Mediation-arbitration begins with an effort to reach agreement and moves unresolved issues into arbitration. The parties should understand in advance whether the same professional will act in both roles and what information from mediation may be used later.
Clear transition rules and informed consent are important because confidential settlement discussions and adjudicative evidence serve different purposes.
Heather Fraese became a certified mediator after representing hundreds of clients in mediation, including clients with complex property and support issues. Brandi Aymont brings more than 20 years of experience in mediation, arbitration and both levels of Alberta trial court. That range helps clients assess when a negotiated option is workable and when firmer procedural steps are needed.
Good preparation starts with interests rather than fixed positions: the stability or financial security you hope to preserve, the concerns creating uncertainty, and the documents needed to test possible solutions. That gives the session more substance than arriving with a single demand and incomplete disclosure.
Financial mediation cannot reliably resolve support or property issues without adequate disclosure. Exchange and organize the tax records, income information, corporate documents, property values, pensions and debts before final terms are accepted.
If disclosure is incomplete, say so in the process agreement: state what must be produced and how disclosure disputes will be resolved.
Family violence, coercive control, fear, mental-health concerns, substance use and severe power imbalance can affect whether a process is safe or fair. Screening may lead to separate sessions, support persons, counsel participation, procedural safeguards or a conclusion that mediation is not appropriate.
Urgent protection, preservation of property, child-safety or enforcement issues may require court intervention even where other issues are mediated.
Alberta’s Family Justice Strategy and the Court of King’s Bench Family Focused Protocol emphasize early information, disclosure and appropriate dispute resolution. The province-wide King’s Bench protocol took effect in January 2026 and includes mandatory pre-court processes, exclusions and waiver mechanisms.
Check the current procedural requirements before filing. Participating in mediation or another process does not by itself extend a limitation period or replace a required court step.
Laws, court procedures and the application of legal tests can change. Obtain advice about the facts, deadlines and documents in your matter.
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