Mediation

Mediation is a dispute resolution process where a mediator facilitates an out of court settlement between you and your spouse. Mediations are conducted in a flexible manner with the intention to reach a timely and cost-efficient solution. There are a number of potential benefits to mediation:

  1. Control. You will have greater control of the process. (For example, parties can jointly agree on the parameters surrounding mediation, as well as who will conduct the mediation.) While a mediator is not an adjudicator, you can select a mediator who is a family lawyer to more efficiently facilitate the negotiations towards a resolution.
  2. Faster Resolution. Litigation can be a lengthy process. A resolution may be more quickly reached through mediation than through the court system.
  3. Lower Costs. Preparing for mediation is often less costly than preparing for trial. Mediations are frequently conducted over fewer days than at trial, which also means potentially fewer costs.
  4. Confidentiality. Negotiations at mediation are confidential and done so on a without prejudice basis. This means if you are unable to reach a resolution at mediation, the offers made at mediation cannot be brought up in court.
  5. Voluntary participation. Mediation participation is typically voluntary, which means both parties are more likely to participate in good faith with the intention to reach an agreement.
  6. Better preservation of co-parenting relationship. Parties are often better able to preserve ongoing co-parenting relationships when a resolution is reached through mediation, as opposed to the adversary nature of litigation.

What if I reach a settlement at mediation?

If you and your spouse reach a settlement at mediation, your lawyer may file a consent order or separation agreement with the court. A settlement reached at mediation has the same legal weight as a decision pronounced in court.

How can we help you at Mediation?

There are two ways in which a lawyer at Henderson Heinrichs LLP is skilled to assist you at mediation:

Attend the mediation with you as your personal lawyer. We will represent your interest and negotiate a desirable outcome on your behalf. Under this scenario, your spouse will also have his/her own lawyer and there will be a neutral mediator facilitating the discussions. All of the lawyers at Henderson Heinrichs LLP have unique professional experience to attend mediation and represent your best interest.

Act as the neutral mediator between you and your spouse. As a family lawyer mediator, we use our extensive knowledge of the law to facilitate your negotiation with your spouse towards a resolution. In this neutral capacity we are unable to provide either one of you with specific legal advice. Instead, you will each either obtain independent legal advice prior to attending mediation or retain your own lawyers to represent you at the mediation.

Please see the profile of our lawyers trained and qualified as mediators by the B.C. Law Society to learn of how they can assist you in your case:

Rain Henderson

Sonia Kainth

Michelle Kooy

Angie Riaño

It is important to note, in order to retain our services as a mediator both you and your spouse will need to jointly contact our office.

In the event only you or your spouse privately contact our office to retain our mediation services, a potential conflict of interest may arise and we will be unable to assist you in this capacity. Should you wish to retain the services of a Henderson Heinrichs LLP lawyer as a mediator, immediately communicate this when you first contact our office.