Mediation Intake Meeting Notes

Intake Meeting

• Intake meetings are held separately with each party and are confidential.
• The meeting's purpose is to ensure mediation is appropriate and to discuss family issues out of court.
• Mediation can be joint (both parties on the same screen) or in separate breakout rooms, moving from one room to the other.
• All discussions during mediation are confidential.
• None of the participants can disclose to the judge what was said, offered, or commented during the mediation.
• The goal is to resolve family law issues privately.

Agreement and Report

• If an agreement is reached during caucus mediation, the mediator drafts a non-binding report.
• The report is sent to both parties and their lawyers, if applicable.
• Parties are advised to seek legal advice on the report.
• Once both parties sign the report, it can be turned into a court order.
• If no agreement is reached, a one-page summary is sent, stating that mediation occurred, listing the issues discussed, and noting the absence of an agreement.

Exceptions to Confidentiality

• There are exceptions where confidentiality cannot be maintained:
  • If there is a risk of harm to a child.
  • If there is an imminent risk of harm or immediate danger to someone.
  • The judge has discretion to subpoena the mediator's notes in very rare circumstances, such as criminal or child protection proceedings.

Mediator's Role

• The mediator is a neutral and impartial party, not taking sides or interested in the outcome.
• The mediator facilitates discussion but does not provide legal advice.
• Mediation is voluntary and can be withdrawn from at any time.

Session Protocol

• Confirm the participant is alone in the room and not recording the session.
• Verification of ID required.

Background Information

• Relationship Background:

  • The parties were in an on-and-off romantic relationship for about 10 years.
  • The daughter was planned, with the participant undergoing fertility treatments.
  • A domestic violence incident occurred just before the participant discovered she was pregnant, leading to separate counseling.
  • The participant experienced prenatal depression following her father's death.
  • A comprehensive parenting plan drafted by the participant was ignored by the other party.
  • The parties separated when the daughter was two months old but continued to see each other casually.

• Co-Parenting History:

  • The participant had primary care of the daughter for the first six months while exclusively breastfeeding.
  • A 50/50 schedule was attempted, but the participant still handled daytime caregiving.
  • In 2021, the participant started working Uber Eats due to financial constraints.
  • Conflicts arose when the participant requested full parenting time, leading to the paternal grandmother assisting with childcare.
  • Child support payments ceased in early 2022, exacerbating financial stress.

• Mental Health Crisis:

  • The participant experienced a mental health breakdown and suicidal ideation around May 2022 due to financial strain and burnout.
  • The daughter started full-time daycare in June 2022 after the participant became eligible for a subsidy.

• Parenting Time Adjustments:

  • The participant asked the other party to take the daughter overnight while she stabilized, but she still had to handle daycare pickups and caregiving.
  • Medication and meditation helped stabilize the participant's mental health.

• Financial and Business Ventures:

  • The participant managed her father's estate, including renovating properties and handling finances.
  • She used funds from selling inherited properties to start her own business.
  • An accident while working Uber temporarily halted income.

• Relationship with Extended Family:

  • The other party started leaving their daughter with his mother every weekend.
  • The participant developed a bond with the other party's niece and nephew, who eventually came to live with her.
  • The other party pressured the children to babysit and tried to limit their contact with the participant.

• Concerns for Daughter's Well-being:

  • The daughter exhibited potty training regression and selective mutism.
  • The other party initially denied any changes in their environment but later admitted his girlfriend had moved in.
  • The participant requested counseling for their daughter, but the other party refused.
  • Pediatrician and counselor assessments suggested environmental factors were contributing to the daughter's issues.

Legal Application

• The participant sought sole decision-making authority due to concerns about the daughter's well-being and the other party's refusal to attend counseling.
• The daughter underwent assessments, all of which indicated environmental factors were affecting her.

Current Mental Health Status

• The participant reports improved mental health with medication and meditation.
• She maintains regular check-ups to prioritize her mental health for her daughter.

Domestic Violence Incident

• The participant described a one-time incident of domestic violence where the other party hit and choked her while in a drunken state.
• She did not call the police but discussed the incident in counseling.
• The counselor assessed the other party as being at high risk of developing a drinking problem.

Concerns About The Other Party's Behavior

• The other party's behavior has been irrational, particularly towards extended family.
• He has been volatile towards his mother, threatening to disown her if she continues to support the participant.

Safety Measures

• The participant requested limited direct contact with the other party and uses a co-parenting app for communication.
• Child exchanges occur at school or through the paternal grandmother's house.

Opinion of The Other Party as a parent

• Despite the issues, the participant thinks the other party is a great and involved dad.
  • The participant doesn't feel fear for her own safety.
  • The participant’s main concern is the well-being of her daughter.
    • The participant suspects the behaviour to due to a power stuggle.