Family Law Mediators in Vancouver

YLaw is thrilled to have its family law accredited mediators help clients with family law mediation in Vancouver. We truly believe that the best and most cost effective way to reach a resolution of family law issues, is through mediation. The problem is that because spouses can’t reach an agreement between themselves, they may automatically think mediation won’t work for them.

This is not always true as sometimes magic happens at mediations and the mediator can provide many options that individuals may not think about or know on their own.

The following lawyers and mediators from YLaw offer mediation services:

• Our founder, Leena Yousefi;
• Senior family lawyer, Trudy Hopman
• Senior family lawyer, Mandy Lai
• Partner, William Dewolf
• Lawyer, Kathryn Panton
• Lawyer, Raman Sehmbi

What is Family Law Mediation in Vancouver?

Family law mediation in Vancouver is a process by which ex-spouses pick a mutual, impartial mediator to help them resolve their matrimonial issues. The mediator is often a senior family lawyer or a retired judge. Certified family law mediators must obtain their mediation certificate from the Law Society of BC after having undergone intensive training.

At YLaw we are proud to offer family law mediation services as we firmly believe mediation is the best way to resolve any family law disputes.

What Can the Family Law Mediator Do? 

A certified family law mediator will try to facilitate either temporary or final settlement of your family law issues, by consent. His or her role will include:

• Interviewing you and your ex-spouse;
• Negotiating/communicating on your behalf and vice versa;
• Finding common points, points of compromise, facilitating mutual points of agreement;
• Drafting your separation agreement, final consent order or Minutes of settlement.

Please note all of our family law mediators are certified through the Law Society of British Columbia, have completed intensive and advanced mediation training, and have several years of experience in the area of family law which includes litigation, negotiations, mediations, arbitrations, tec.

How Does a Family Law Mediation Session Go? 

Family law mediations in Vancouver often have a pre-mediation procedure in addition to the actual family law mediation.

Pre-mediation Procedure

• You book a date for mediation;
• The mediator will run a ‘conflict of interest’ check to make sure he/she has not previously assisted either one of you; If there is no conflict,
• The mediator sends you a form to fill out in order to familiarize the mediator with your issues, goals, concerns, etc.
• The mediator will do a pre-screening call for Family Violence mainly to ensure you and your ex feel safe being in the same space and/if there are any concerns that would make mediation unsuitable.
• The mediator will then set up a pre-mediation phone call with the lawyers if you and your ex have lawyers;

Mediation Day Procedure

• Family law mediations often start at 9:30 a.m. or 10 a.m;
• Usually all parties (and their lawyers if they have any) meet in one room just to go over introduction, procedure and policies at the beginning of mediation;
• Mediation begins, either through shuttle mediation or conference mediation as explained below;
• The mediator starts talking with both sides, helps them with proposals or positions, and relays same to the other side;
• Lunch breaks are generally from noon until 1 p.m. Lunch is often served;
• Mediation continues after lunch with more discussions and negotiations;
• If an Agreement is reached, a Minutes of Settlement is drafted and the parties leave;
• At the option of the parties, the mediator can also draft a separation agreement or a consent Order;
• If no agreement is reached, the parties either book a continuation of mediation or conclude the mediation;

Please do note there will be a lot of ‘down time’ when offers and proposals are exchanged and each side is communicating with the mediator with respect to positions/questions/negotiations, etc. Therefore, it is advisable to bring a book or anything else to help you pass the time.

Family Law Mediation During COVID19 

We offer both in-person mediation and Zoom mediations. In person mediations will take place in separate rooms, masks will be worn and all COVID-19 guidelines will be implemented and followed.

Zoom mediations will be initiated by the mediator, there will be caucus and joint rooms. You may attend from the comfort of your home. These mediations are recorded.

What Documents Should I Bring to My Family Law Mediation?

Any and all important documents that relate to your issues and case. For example, if an issue in your case is payment of child or spousal support, bring your tax documents dating back to three years. If you are unsure about what documents to bring, bring them in any event.

It is best that you and your spouse exchange all your important documents in advance of mediation so you do not waste time going through them or reviewing them at mediations which can cost a lot of money.

Please note proper document disclosure is the heart and soul of a successful settlement. Without proper disclosure the mediation may prove to be a waste of time.

Can I bring my Friend, New Spouse or Parents to Mediation?

Generally, no. If you need to speak to someone, you can take a break and call them. Often we experience that the other side may feel intimidated or feel as though his/her private issues and meetings are being discussed with others which is not appropriate nor conducive to an effective mediation.

If you need a support person, they can be at a close distance from the office, but not inside the office or the mediation rooms.

Can the Family Law Mediator Make a Decision for Us if We Don’t Agree?

No, mediators can only negotiate an agreement reached by mutual consent between you and your spouse. They can’t make a decision on your behalf. However, they are highly effective at facilitating agreements because they are lawyers and will tell you what would likely happen if you went in front of a judge with your position/argument. They will try to get you to negotiate and settle instead of litigating.

Who are your family law mediators?

• Our founder, Leena Yousefi;
• Senior family lawyer, Trudy Hopman
• Senior family lawyer, Mandy Lai
• Partner, William Dewolf
• Lawyer, Kathryn Panton
• Lawyer, Raman Sehmbi

How Long Does Family Law Mediation Take?

It depends on the number of issues, complexity of the file and the position of the parties. As general observation, if you and your ex-spouse have counsel, most mediations can conclude in 1 or 2 days. For individuals who do not have lawyers, mediations would be around 2 hours at a time with multiple sessions. This is for various reasons including:

• Being able to think about proposals without having the guidance of a lawyer in Vancouver;
• Understanding consequences by taking the time to understand them;
• Reducing brain fatigue and the risk of making rash decisions;
• Obtaining Independent Legal Advice;

The above, in comparison to litigation and trial which often last a minimum of 5 days and often more than 10 or 15 days, is a much quicker and cost-efficient way of resolving family law disputes.

What Style of Family Law Mediation Does YLaw offer?

Based on our intake with the clients, we design the most suitable style of mediation which may include:

• Conference Mediation: where all parties (and their lawyers if they have any) are present in one room;
• Shuttle mediation: parties are in separate rooms and the mediator ‘shuttles’ between the rooms; or
• Caucus mediation: while in the same room, you may ask for a ‘caucus’ or break to meet with the mediator privately to discuss any issues should you see fit.

What Kind of Information Do You Need Prior to Mediation?

Once you book mediation with us, we send you a form to fill out that asks various questions such as:

• Your basic information;
• Issues and disagreements;
• Your position on certain issues;
• Your goals and wishes, etc.

Can I Meet with the Family Law Mediator First if my Spouse is not Ready for Mediation Yet?

The mediator is to be completely neutral and impartial so he or she cannot provide any legal advice, ask about the details of your case or promise you an outcome. In most situations, neither party meets or talks to the mediator before the parties agree to it, to keep impartiality and transparency.

Can You do Mediation with Parties who Already Have Lawyers?

Absolutely. Many mediations occur with parties and their lawyers present.

What Are your Mediation Fees/Rates?

We provide 2 options:

• Flat rate mediation:
  • Leena Yousefi: $5,000 + plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case, and drafting Minutes of Settlement or Consent Order during mediation;
  • Trudy Hopman: $5,000 + plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case, and drafting Minutes of Settlement or Consent Order during mediation;
  • Mandy Lai: $5,000 + plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case, and drafting Minutes of Settlement or Consent Order during mediation;
  • Raman Sehmbi: $2,500 + plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case, and drafting Minutes of Settlement or Consent Order during mediation;
  • Kathryn Panton: $2,500 + plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case, and drafting Minutes of Settlement or Consent Order during mediation;

If mediation goes over time, you can either book another full day mediation or pay per hour as per our lawyer’s hourly rates. 

Do the Mediation fees cover drafting a separation agreement or consent Order? 

The above fees include drafting a minutes of settlement or consent Order which summarize the principal agreements between the parties. They are not as comprehensive, final or effective as a separation agreement or a consent Order.

The family mediator can draft a Separation Agreement at their hourly rate should you wish for them to do so. Such agreements should be reviewed by your lawyer and you should obtain Independent Legal Advice regarding same.

Can I retain a mediator without the consent or knowledge of my ex-spouse?

No, mediations should be agreed upon and parties should agree on the mediator.

If Mediation Doesn’t Work Out, Can the Mediator Become my Lawyer?

No, the mediator is to be partial and natural and once you have used them as a mediator, they cannot become your lawyer.

Is Mediation Confidential?

Absolutely. Anything discussed during the mediation cannot be disclosed in court or used against you or the other party. All information exchanged is strictly confidential as well. In very exceptional cases, the mediator may have to disclose to the court whether an agreement was reached if one party disputes the result of the mediation. Aside from that, mediations are strictly confidential.

To book your mediation with our award winning mediators, call us at 604-974-9529 or get in touch.