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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am heading into Mediation separation with my spouse.

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I am heading into Mediation for my separation with my spouse. However, her lawyer is demanding that I take my counsel to the mediation discussions. I believe he is doing this so that it drains my financial resources and puts more pressure to settle on
the issues that will be discussed. I have learned quite a bit about the legal process during the last six months and feel I do not need my counsel at these mediation discussions. My question is: Who is responsible for paying the mediator? I recall when I sat
down with the In-take Mediation and I believe they said that standard practice is split costs based on income percentage. Would the income be calculated before or after the child support payments are taken into account? It would seem fair that first the children's
payments should be first deducted (before tax) before calculating the corresponding incomes. Although my spouse has no official income other than what I give her as spousal support she has significant financial backing from her parents to take care of her
legal fees and hence I feel somewhat vulnerable that if I was to bear the vast majority of the costs because my income is much higher (before child support deductions) she would take advantage to drive me into financial distress.

Thank you for requesting me.

You cannot be compelled to take your lawyer with you to mediation. You have the right to self-represent unless the mediator insists you have representation.

In most cases both parties split the mediator's fees. The standard practice is 50/50 unless otherwise agreed upon.

This one is also open so I guess it is for rating?


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