28 ~ Sunday, August 16, 1992 - North Shore News

Mediator can guide couple to solutions

DUE TO the rising costs of litigation, many people are at-
tempting to find alternate ways in which to solve problems
that occur as a result of separation. Mediation is one route
that many couples are finding useful.

Mediation is a voluntary pro-
cess whereby both spouses retain
an independent person called a
mediator to heip them define and
work through the issues in dispute
between them.

Although many mediators are
family law lawyers, the mediator
does not give legal advice to either
spouse as the mediator must
mainiain his or her neutrality.

Spouses are encouraged to have
their own separate lawyers to give
them legal advice either during the
mediation process itself or, at
least, before making any final
agreement.

“Spouses meet together with the

mediator to try and resolve their
problems. The mediator guides
those discussions and assists the
spouses in negotiating the various
issues and disputes between them.

Mediation normally takes sev-
eral sessions, depending upon the
complexity of the issues and the
ability of the spouses to resolve
the issues.

The result of mediation, if it is
successful, is the preparation of a
separation agreement setting out
the matters agreed to by the
spouses. No agreement can be
reached without the approval of
both spouses, as the mediator has
no decision-making power.

Although the mediator may of-

HELP’S AT HAND

“HELP’S AT Hand, by North
Shore- Community Services
(NSCS), is a ‘forum for discussing
government policies and pro-
grams, benefits, consumer and
legal tights, taxation and public
services.

~ .Answers are intended only as a
general guide and should not be

. applied to individual cases without

-’ further consultation.

Question: 1 am 2 student taking
courses in history, political
. seience, and sociology. During

class we often discuss the topic of

(, discrimination and quite frequent-
-ly this leads to heated debates.

I bave been pretty appalled at
some of my classmates’ opinions,
aad~ their generalizations about
-religious and cultural groups.

- This. has. got me wondering

- about what systems are in place to
protect people who ase prone to
discrimination. If someone is

» discriminated against, can they
take any action? -

_. Answer: The British Columbia

. Council of Human Rights is a
provincial government body that
enforces the Human Rights Act.
- Citizens who feel that they have
* been discriminated against can file
a complaint with the Council.

The Council defines discrimina-
tion as ‘‘the denial of opportunity
“to a.person or class of persons

based on a group characteristic
such as race, color, ancestry, place
of origin, religion, marital status,
physical or mental disability, sex

. OF age.’?

'.As you have: noticed,
discrimination occurs when people
are judged as members of a group
rather than on individual merit or
abilities,

The Human Rights Act covers

discriminatory treatment in the
areas of employment; accommoda-
tion, services, and facilities
customarily available to the
public; tenancy; and purchase of
property.

For example, in the area of
employment, except where there is
a genuine occupational require-
ment, it is considered discrimina-
tion for an employer to make
decisions about a person because
of their race, color, ancestry,
place of origin, political belief,
religion, marital status, physica!
or mental! disability, age, sex, or
conviction for a criminal charge
that is unrelated to the employ-
ment.

The Act also prohibits
discriminatory publications,
discriminations by employment
agencies or in employment adver-
tisements, and discrimination by
trade unions and employer
associations.

People wishing to file a com-

‘ plaint can telephone the Council

of Human Rights at 660-6811 and
speak to an Intake Officer. Com-
plaints must be made either by
letter or by filling out a com-
plaint information form which is
available from the Council office.

Complaints must be filed within
six months of the alleged act of
discrimination.

‘Further information and forms
for employment-related com-
plaints can be obtained from any
Employment Standards Office,
located throughout the province.
The local office is located in Bur-
naby and the number is 660-4000.

This column is prepared with
financial assistance from the
Notary Foundation. For more in-
formation call NSCS at 985-7138,

‘@ We are anon- profit society providing RN
-nursing care to our community in:

© Hospitals ¢ Private Residences
e Nursing Homes

For an affordable fee we are here to serve
your needs 24 hours a day, 7 days a week.

Cail us today!
731-3158

* Serving BC. for SO years

el

Learning the
Ropes Pays Off

fer suggestions to the couple. his
or her main role is to guide the
spouses to develop their own op-
tions and solutions.

Mediation in the context of
family law disputes can be used
for many types of problems.
However, the most common prob-
lems dealt with are parenting ar-
tangements, property division and
maintenance.

For example, a couple may wish
to share the care and upbringing
of their children but cannot agree
on how time will be shared be-
tween them. Mediation may help
them work through the various
options and arrive upon a mutual-
ly agreeable arrangement.

Mediation is not for everyone.
It is not a place to be used by one
spouse to try and talk the other
spouse into his or her way of
thinking. Spouses must be alert to
avoid inadequate disclosure or
valuation of assets.

For example, if the spouses are
dividing assets equally, accurate
values must be obtained. Income
tax consequences must also be
considered, ‘both immediate and
long-term.

Complex assets such as business
interests or pensions must be con-
sidered thoroughly and the advice
of qualified professionals enlisted
to ensure the assets are dealt with
properly.

Mediation can be useful for
each spouse to see the issues in
dispute between them from the
other point of view. It is a more
private setting to solve problems
than an open courtroom.

Further, the mediator can
sometimes stop the escalation of
the emotions of the spouses so
they can discuss their conflicting
viewpoints in a reasonable man-
ner.

Mediation is not counselling
and it may well be that the family
or some member of the family re-

quires counselling, perhaps even.

before mediation is attempted.

Family
Affairs

HUGH
STARK

KIRSTIE
MACLISE

The success of mediation may well,

depend upon mental well-being of
the spouses.

Similaily, if there is a high
degree of hostility between the

spouses, the likelihood of a suc-.

cessful mediation is dramatically
reduced.

If successful, mediation can be
a less costly and very effective
method of resolving family issues.
However, it does not replace the
need for thorough and competent
legal advice. Further, it takes the
willingness of both spouses to
work towards a mutually accept-
able solution to their problems.

The matters discussed in this
column are for general informa-
tion only.

If you have matrimonial prob-
lems you should seek legal advice
so that your adviser can assess
your particular circumstances and
give you the best advice.

Questions about family law and
estates can be directed to Stark &
MacLise c/o Family Matters,
North Shore News, 1139 Lonsdale
Avenue, North Vancouver, V7M
2H4.

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