Mediation Services

Family Mediation - Separation/Divorce

My Approach to Mediation

Conflict can be intimidating and exhausting and finding a resolution may at times seem impossible. At the root of conflict is often unmet needs, miscommunication, or misunderstanding. As an outside observer, I help bring clarity to the situation and assist parties with identifying the underlying sources of contention and the barriers preventing resolution.

Drawing from a variety of mediation styles, which include facilitative, transformative, and restorative justice practices, I tailor my approach to best assist you based on your specific needs and goals. For example, if relationship and healing is the focus of mediation, I may draw more heavily on restorative justice methodology and a transformative approach.  On the other hand, if resolution of a specific issue is the goal, I may take a more facilitative and solution-focused approach to assist you.

In all scenarios, I offer insight and strategies to encourage constructive communication and productive negotiations. I facilitate with intention to foster meaningful dialogue to help you find common ground, generate options, and cultivate a path to creative solutions which meet the needs of all parties involved.

Closed Mediation

All mediation services are closed mediations, which means they are confidential. At the conclusion of mediation, I will provide a written Mediation Report which will record only the issues which have been resolved during the mediation process.  I will not appear as a witness in court and will not provide notes regarding the mediation sessions unless subpoenaed or ordered by a court to do so.

Not sure if mediation is right for you?

Kimberly Keller, MSW, RSW, AccFM (OAFM)

(she/her/hers)

Mediation Training

I am a Registered Social Worker (RSW) with the Ontario College of Social Workers and Social Service Workers (OCSWSSW) and an Accredited Family Mediator (AccFM) with the Ontario Association of Family Mediators.

My mediation experience includes providing court-connected and private practice family mediation services throughout Southwestern Ontario and I have assisted parties with all aspects of separation, including effective communication, parental decision-making and parenting time, child and spousal support, and division of property. I am actively involved as a volunteer mediator with Community Justice Initiatives in the Elder Mediation and Victim Offender Reconciliation (VORP) Programs since 2018 and with Community Options for Justice in the Youth Justice Committee and VORP Programs since 2020.

Prior to and during my career change into the fields of social work and mediation, I was a family law clerk for over 28 years. I specialized in assisting senior counsel with resolving contested parenting, child and spousal support issues, and division of net family property. As a law clerk, I supported and interviewed hundreds of clients and trial witnesses and prepared briefs, affidavits, and memoranda of understanding in preparation for court hearings and mediations. My experience in the adversarial family court system informed my decision to pursue a career in mediation where I can help people in a different way.

Fees & Policies

All services are offered virtually via secure online video conferencing.

Payment is required prior to commencement of each mediation session by e-transfer, debit, or credit card.  Clients must maintain a current credit card on file.  If you are not able to provide credit card, please contact me to discuss alternative payment options.

15 Minute Consultation - Free

Mediation Services - $150 + HST per hour*

*Mediation services subject to hourly rate include individual intake sessions and time spent on preparation of Mediation Report, and communications with third parties.

Sliding Scale Program

I recognize that mediation services are expensive. I provide a reduced fee on a sliding scale for a limited number of clients. If you require a sliding scale, please contact me to discuss availability of a sliding scale fee structure.

Cancellation Policy

Cancelled or rescheduled mediation appointments require a minimum of 24 hours’ notice. If the mediation session is cancelled with less than 24 hours’ notice, the party cancelling will be charged a $50 fee.  If you miss your appointment without notice, you will be charged the full session fee.

I recognize that life is busy and unforeseen situations occur. In case of unexpected emergencies, please contact me immediately to let me know that you are unable to attend, and I will work with you to find a solution.

Confidentiality

Mediation services are offered in a closed mediation model. This means that all discussions which occur during mediation are confidential and will not be shared without the express written consent of all parties, or if I am subpoenaed or ordered by a court to do so.  Only the issues which are resolved will be recorded in the Mediation Report.

Exceptions to Confidentiality

The exceptions to confidentiality where I am either authorized or legally obligated to disclose information are as follows:

  1. upon the written consent of all participants to the mediation;
  2. when ordered by the court or required by law;
  3. when providing non-identifying information for research or education purposes;
  4. when the information discloses an actual or potential threat to human life or safety;
  5. to make a report to child protection services where there are reasonable grounds to suspect that a child may be in need of protection; or
  6. where there is a disclosure about elder abuse.
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FAQs

Mediation is a voluntary process where two or more participants come together with a neutral third party (mediator) to resolve disputes.

Mediators are impartial third parties who are trained to guide and facilitate productive communication between participants to assist in resolving conflict. As a third party with “no skin in the game”, I help bring clarity, understanding, and perspective to the situation so participants can move forward with fruitful negotiations. I am not an arbiter, assessor or judge and therefore cannot and will not make or impose decisions in the mediation process.  I will assist participants to gather information and generate options to come up with a solution that fits the needs unique to each situation. Though mediators assist participants to communicate their concerns, address the issues presented and generate possible solutions, it is ultimately up to the participants to come to agreement. 

Mediation is a confidential process. I provide Closed Mediation services which means that I will not attend court to give evidence (unless subpoenaed or ordered by the court). The Closed Mediation process allows participants to openly discuss options and compromises in good faith outside the court process. In a Closed Mediation process, only the issues that have been agreed upon will be recorded in the Mediation Report. 

I will not voluntarily disclose to anyone who is not a party to the mediation any electronic, written or verbal information prepared, provided, disclosed, or exchanged during or for the purpose of the mediation process, except:

  1. upon the written consent of all participants to the mediation;
    1. when ordered by the court or required by law;
    2. when providing non-identifying information for research or education purposes;
    3. when the information discloses an actual or potential threat to human life or safety;
    4. to make a report to child protection services where there are reasonable grounds to suspect that a child may be in need of protection; or
    5. where there is a disclosure about elder abuse.

I am currently offering mediation services virtually through secure online video conferencing. Prior to bringing people together for mediation, I will meet with each participant individually for a confidential intake session.  The purpose of the intake session is to gather information and assess whether mediation is an appropriate process.  If mediation is deemed an appropriate process and both parties agree to proceed, I will schedule the first mediation session. The mediation sessions are typically an hour and a half in length, however, session length is tailored to fit each unique situation.  The number of sessions required depends on the number of issues to be resolved and how quickly the negotiations progress. 

The short answer is no. There are some situations where one person may not be comfortable being in the same virtual room with the other person or I, as mediator, may feel that bringing people together in one space may not be appropriate. In this case, I use a “shuttle” mediation model where you are in separate virtual rooms, and I shuttle between the two rooms to assist with discussions and negotiations. In some cases, the mediation process may begin with the shuttle model and then, if appropriate, move to a traditional model where the participants are together with the mediator at the same time. Mediation is a dynamic process which may change at the discretion of the mediation to meet the unique needs of the participants involved.

Mediation can save time, energy and money, since the involvement of mediators will be much shorter and less expensive than multiple court attendances in protracted litigation.  Equally as important, mediation is a process where participants are actively involved in the outcome as mediators assist participants with coming to an agreement that everyone “can live with”, rather than having decisions made by a third party. ​​​

Mediators do not provide legal advice. I recommend and encourage participants to consult a lawyer at any time during, before, and after the mediation process.  I strongly recommend that each participant seek independent legal advice (ILA) with a lawyer before signing any agreement reached through mediation, to understand your legal rights and obligations, as well as finalize the agreement into a formal, legally binding agreement or court order. ​

I do not provide a legally binding separation agreement.  Any agreement reached during mediation will be recorded in a Mediation Report, which is subject to legal advice and is not a legally binding agreement. It is up to you to take the Mediation Report to your respective lawyers for independent legal advice. Lawyers can assist with preparing a legally binding separation agreement, minutes of settlement, or court order.

FEES + PAYMENT

15 Minute Consultation – Free

Mediation Services – $150 + HST per hour*

*Mediation services subject to hourly rate include individual intake sessions and time spent on preparation of Mediation Report, and communications with third parties.

SLIDING SCALE PROGRAM

I recognize that mediation services are expensive. I do provide a reduced fee on a sliding scale for a limited number of clients. If you require a sliding scale, please contact me to discuss availability of a sliding scale fee structure.

Payment is required prior to commencement of each mediation session by e-transfer, debit, or credit card.  Clients must maintain current credit card on file.  If you are not able to provide credit card, please contact me to discuss alternative options.

For information about the court process, please visit:

www.stepstojustice.ca

For Family Court Forms, please visit:

http://ontariocourtforms.on.ca/en/family-law-rules-forms/

Legal Aid:

https://www.legalaid.on.ca/

Ontario Law Society Lawyer Referral Service:

https://lsrs.lso.ca/lsrs/welcome

Lawyers who provide limited scope services:

https://familylawlss.ca/

Community Legal Education Ontario:

https://www.cleo.on.ca/en