Collaborative Mediator

Working with your collaborative mediator to assist you and your partner / spouse in your separation

At Klinkert Law we have three collaborative mediators, Anja Klinkert, Dani Nicholson, and Rachel Grant, available to help you and your spouse or partner approach your separation in the healthiest possible way.

The Our Family in Two Homes Resource Package is intended to focus our help in the areas you need, and to support you to make the best decisions for your family in transition. You will each start with an individual meeting with us, to prepare for a joint session, and then we will meet in a joint session to begin the process of working out your agreement.

Our Collaborative Mediation Resource Package includes

• An individual meeting (usually about 90 minutes) with your chosen mediator, so that each of you can confidentially express your needs and concerns, ask questions about the mediation process and prepare for the joint mediation sessions.

• A comprehensive Workbook for each of you to complete privately – on your own time. The Workbook will help you better prepare for the discussions you need to have in joint mediation sessions, including exercises to help you understand your communication and conflict challenges, your shared values and even your “money personality".

• Initial information gathering and organizing; and

• Your first joint mediation session (both of you + the mediator) - usually 2 hours - where we will begin our work together to address your challenges.

All of this is provided at a resource package rate of $1,600.00. We ask that you each pay half this fee when you receive your Workbooks. If you wish to make other payment arrangements, please let us know and we can discuss your specific requirements.

At the end of the first joint mediation session, you will both be better informed, and we will be better able to predict how much additional mediation time you will need. Most separating couples need between 2 and 4 joint mediation sessions, but the amount of time will depend on your ability to communicate effectively, gather information and manage conflict.

After our first joint session, we will give you the choice to discuss a further resource package rate, or to pay for services at the rate of $300.00 per hour.

Time with your mediator and time on your own. Some couples find they can work out some aspects of their separation fairly easily, but really struggle with others. Other couples need mediation to help with most of their decisions. The Workbook helps you prepare for your work with us, so that we can determine at an early stage what matters most, and where you need help.

The Workbook

Our Canadian Colleague, Jacinta Gallant designed the Workbook and adapted it for use in New Zealand, as well as several other countries around the world. It has lots of open space for notes and scribbles. It includes self-reflection, exercises, legal information, and practical tips. Think of this as your private journal. You do not need to share it with anyone. Please commit to fully completing the exercises, as this will directly impact the effectiveness and efficiency of your mediation process.

Step 1: Working with your own Workbook

The best way to begin is to complete pages 1-13 (page 1-20 for A Few Homes). You do not need to share your answers with your partner. What you write in the Workbook is for your own reflection. When you meet with your mediator individually, we will discuss how we can best help you have productive discussions, and we can give you more guidance for the next stage – our joint session.

As you read through the Workbook, consider which decisions might be more challenging to work out. The Workbook will direct our discussions. It is different for each separating couple.

Step 2: Preparing for Joint Sessions.

After the initial individual meetings, your mediator will check in with you by email and share the proposed agenda for your first joint session. If you need additional support from your mediator, we can arrange to speak with you by phone, videoconference or in person - as needed - to make sure you are comfortable and prepared for joint sessions.

Step 3: Initial Joint Session

When you are both ready, we will schedule a joint session – both of you, together with your mediator. We will review the information that has been gathered, attend to the questions you need help with and work to build a foundation of collaboration to work out the issues you need to address.

Step 4: Decide what else is needed

At the first joint session, we will assess where things stand and make a decision about which topics or challenges need more attention. We will clarify what information still needs to be exchanged, make a plan for dealing with particular challenges and consider what other resources are available to help. We will schedule additional joint sessions with a plan and an agenda that works for your situation.

Step 5: Legal Advice

When working with you as your mediator it is our job to help you both communicate effectively to reach a healthy agreement. We will refer you to collaborative lawyers for legal advice if you do not already have lawyers.

Step 6: Documenting Your Agreement

We will discuss the documentation process and what role your mediator will play in drafting documents. We have fixed fee estimates available for drafting a separation agreement, which can range from $500 to $1,500, depending on complexity. We will give you a firm estimate before we start drafting and will coordinate with your lawyers to arrange for you to get independent legal advice. We will work to get the job done as efficiently as possible.

Invoicing

You will be invoiced for your Resource Package when you receive your Workbooks. For additional work, we will send invoices by email, generally every month.

Method of Payment

Payment is due within 7 days of the date of the invoice by direct electronic payment.

Beginning the mediation process is a positive step at a difficult time. We look forward to working with you.