Estate Mediation

Estate Lawyers Mississauga offers services to mediate concerns and disputes involving estates, Will, Powers of Attorney, Guardianship, property, and other legal issues related to division of property in estate matters. The service is offered through Estate Mediation.

Mediation through Collaborative Approach

Estate Lawyers Mississauga provide mediation services through a collaborative approach where the parties can choose and decide whether to engage lawyers or whether to resolve conflicts without engaging lawyers.

The mediator, Syed Kabir, who is also a skilled and experienced lawyer, mediates the issues to an acceptable resolution of all parties. The final result may be an executed agreement with independent legal advice being sought by the parties, or they can decide not to proceed with independent legal advice (although it is recommended that the parties seek independent legal advice) if they are content that the agreement is understandable and to their satisfaction.

Your Estate Mediator

The Estate Mediator, Syed Kabir, of Estate Lawyers Mississauga has the following skills and experiences:

is a licensed lawyer in three jurisdictions (Ontario, England and Bangladesh) having over 20 years of experience, and in good standing with the Law Society of Ontario;

have a Master’s Degree in Law from a recognized UK University;

has extensive experience in litigating Estate Matters in the Ontario Superior Court of Justice;

have attended various programs about dispute resolution or mediation processes and is also a Family Mediator;

has taken part in International Arbitration under the International Chamber of Commerce, Paris and also under Singapore International Arbitration Centre.

Estate Mediation Process

The Estate Mediation process at Estate Lawyers Mississauga involves the following:

to work with all parties equally in a balanced manner, exchange basic information, and to put forward a proposal for resolution which reflects the application of the law and serves the individual needs and desires of all parties who have an interest in the estate;

to arrange for the drafting of a legally enforceable, binding written agreement which reflects the resolution of all issues;

if all issues cannot be resolved, but only some of the issues can be resolved, to prepare written agreements that may resolve some of the issues;

to make it possible for any party to report to the Court (if litigation is necessary to resolve issues) that attempts have been made to mediate disagreements or outstanding issues. The Court expects parties to attempt negotiation and mediation rather than proceeding through litigation which is generally considered to be the last resort and only to be used after negotiation and mediation approaches have been unsuccessful.

Your Options regarding Estate Mediation

During the process of Estate Mediation at Estate Lawyers Mississauga, you have the following options:

engaging your own individual lawyer to attend at the meetings and provide you with individual legal advice as the mediation process proceeds;

choosing to attend the meetings on your own without any lawyer;

choosing not to attend the meetings, but sending your lawyer in your place;

choosing not to attend the meetings, and indicate that another party in attendance there can receive information, and that they will report to you what has occurred. However, if you choose this option, you may still be receiving emails or information directly from the mediator as to what has occurred, or receive draft agreements or proposals for resolution from the mediator;

choosing not to attend the meetings, which would be the same as above, but confirming that you would be prepared to speak directly with the mediator, if the mediator decides that this is appropriate. In other words, there may be written exchanges or direct contact, by telephone, or a separate meeting with the mediator. It may be that the mediator would meet with one or more of the parties separately, especially if there is a triable problem or health difficulties that might interfere with the person being able to attend all the meetings;

attend the meetings via ZOOM or other online platforms.

Estate Mediation Agreement

Each of the parties will receive a draft Estate Mediation Agreement from Estate Lawyers Mississauga, which sets out the process involved in estate mediation, funding arrangements, the costs involved and other general principles and practices related to mediation.

Location and Times of the Mediation Meetings

The main office of Estate Lawyers Mississauga is in Mississauga, Ontario. However, there are offices that can be used in Toronto, which are set up for meetings. The time and location of these meetings can vary. Lunch can be served if the meeting is intended to go through lunch.

It may be that there is a series of meetings scheduled, or there may be an all-day session scheduled. Some meetings could take place with all or some of the participants, depending on the issue, by conference call or online via ZOOM.

Initial Fees

The initial fees would be paid by each of the parties after confirmation that they are prepared to do the following:

proceed through the estate mediation process by engaging the mediator Syed Kabir;

completing a questionnaire/intake form providing a general background information to the mediator, which document may be completed by the individual, or if they have lawyer, by the lawyer;

signing a Estate Mediation Agreement. This document explains the background and particulars of the estate mediation process. There is also an initial deposit required of the parties, generally in the amount of $500 per party. The usual process is for the parties to either each contribute equally in the process, or in the alternative, an agreement can be reached by all of the parties as to who will be paying the costs of the process. The cost will probably be at least $3,000, perhaps more depending on the time and process. It is based on the time spent by the mediator, who will strive to be efficient and will request further deposits as may be required. The process will continue, so long as funds are made available to cover the ongoing costs.

Avoiding Court Expenses

Early mediation is considered a good way of avoiding legal costs and to resolve concerns more efficiently and more quickly.

In the mediation process, it is not necessary that a party have a lawyer present at a meeting. They may choose to attend a meeting on their own, and report to their lawyer. Even if a party who has a lawyer can choose to proceed through the estate mediation process without their lawyer in attendance, thereby avoiding paying the additional cost of their own lawyer being at the meeting. Mediation is a voluntary process where there is much more individual control, and the possibility of resolution of concerns quickly and less expensively than the alternative of arbitration or litigation.

905-625-5236

contact@estatelawyersmississauga.com

Serving Mississauga, Brampton, Caledon, Milton, Streetsville, Meadowvale, Erin Mills, Clarkson, Vaughan, Richmond Hill and Toronto