© 2018 by Heather Kelm.

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Providing mediation for civil, commercial, ICBC, work place and family disputes.

Mediation

Mediation is a method of dispute resolution in which the parties try to resolve a dispute with the assistance of a mediator, an impartial third party.   It is a private, flexible and informal process to find a solution that is acceptable to everyone.  The parties not the mediator make the decisions. Mediation can be used to resolve any disputes but is often used for separation and divorce, work place, family, estate, community, keeping families together by resolving disputes, and any other disputes requiring assistance to resolve. The parties may meet together in one room or in separate rooms in what is referred to as shuttle mediation.

The Mediator’s Role is to be impartial and have no decision making powers.

 

The Mediator's role includes
  • meeting with the parties and helping them to define the issues in dispute

  • managing the mediation process and keeping the discussion on track

  • helping parties to communicate their interests clearly

  • helping parties reach an agreement

I can also provide a neutral and appropriate location for the mediation sessions.

 

Do you need a lawyer?

Lawyers can participate in mediation with you, attending and advising in person during mediation and advising on the final agreement. Lawyers can also be available for consultation if not in attendance and time will always be given for parties to obtain independent legal advice before making an agreement.

Key Benefits
  • a mediator assists two or more people to come to an agreed upon settlement

  • can be faster and cheaper than going to court

  • arranged in a relatively short time

  • reduces emotional stress and costs

  • can help people preserve relationships by separating the people from the problem

 

Family Mediation

Family Mediation may be used to assist couples having difficulties to resolve issues and move on together as a couple.

As a family mediator I work with: couples wishing to remain together; those separating/divorcing and wishing to make parenting plans regarding how they will co-parent children; or, those without children to plan how they will move on.

As a comprehensive family mediator I assist families in dividing property, assets and debts and make financial plans.

 

Elder Mediation

Working with seniors and their families, I assist in planning for elder care, division of estates and writing wills that bind families instead of dividing them.

It is so important that families come together to plan for their parents and grandparents care as they age. In elder mediation I work with the family and their parents and grandparents to make plans for elder care as well as the division of family assets.

 

Civil, Workplace, Commercial Mediation

Having a dispute with your neighbor? Difficulty at work with a colleague? Come talk with me and let’s sit down together and work out an agreement on how you can overcome the issues and live or work in collaboration.

 

Mediation is a collaborative process that allows people to come together and talk about the issues in a safe place with a impartial third party who can assist you to reach agreements.

 

In a business context, mediation can help you to plan for your business and overcome hurdles to working together.

 

ICBC/Personal Injury Mediation

Under the Insurance (Vehicle) Act's Notice to Mediate Regulation, any party to a motor vehicle action may initiate mediation by serving notice on the other party. The regulation requires that if notice to mediate is served by one party, the other party must meet for no less than three hours in an attempt to negotiate a settlement.

Mediation is confidential as the purpose of mediation is to encourage a settlement without having to go to court. If parties could not speak freely, mediation would not likely be successful.

 

There are many positive aspects to mediation: 

  • savings of time and money

  • ability to reach a settlement and access funds quickly

  • ability to keep affairs private and out of the public eye

  • there is a significant element of control to mediation. For example, each of the parties maintains the ability to design the settlement and agree to live by it rather than have a court mandated solution

  • the informal setting and atmosphere of mediation is conducive to productive communication between the parties

  • I am trained to help people separate their feelings from the issues, which can reduce tension and allow solutions to develop.

Fees

$225 per hour includes: meetings, documentation, email/phone communications, writing memorandum of understanding. Sliding fees scale available.

 
Legal Aid Referrals Welcomed for some mediations