Bev Churchill, KC

Mediation is an approach for resolving disputes without the use of a Judge or other third-party decision maker and, therefore, without Court.

A Mediator is a neutral impartial third-party facilitator who does not decide the outcome of the dispute.  The Mediator assists the participants to understand the areas or issues involved in their dispute so that more effective communication can occur between those participants.  In doing so, the couple is better able to work together to resolve the areas of dispute.  Mediation is well suited for family law and may be best known for use in family law disputes, but it is equally useful for any dispute, particularly where the dispute involves an ongoing relationship.  Some examples include, disputes involving wills and estates, employee and employer relationships, and child protection.

While many lawyers are Mediators, it is important to remember that the lawyer, as a Mediator, is not there to provide legal advice.  The Lawyer Mediator is wearing the “hat” of Mediator and not the “hat” of Lawyer.

I have been a Mediator since 1998.  Extensive initial and ongoing training is required to become and remain a Mediator. The initial five days of training was the beginning of an ideological shift for me and the way I thereafter have chosen to practice family law as well as the way I work with clients to assist them in the resolution of their dispute.

The foundation of mediation training and mediation itself is consideration of interests and values, or, what is really at the heart of what is important to the participants.  Oftentimes, the participants themselves do not know what is at the heart of what is important to them or the value that is inherent in that interest.

The Mediator’s role is to assist the individuals to discover that ‘value’ and how that value may underlie and control their dispute.  In doing so, the couple is able to discuss the underlying areas of their dispute I under the guidance of the Mediator so that it can be understood and resolved.   This is critical.

I see my role as a Mediator as follows:

1. To assist my mediation clients to resolve their dispute (obviously!).  This involves their immediate   It also involves identifying and resolving the areas of their dispute that are so closely affected by the immediate dispute that the dispute itself cannot be resolved without resolution of these areas.
2. To refer my mediation clients to lawyers for independent legal advice who will respect the mediation process, support the mediation clients during the course of the mediation and will maintain the integrity of any Agreement reached during mediation.
3. To provide guidance, assistance and reference to mediation clients who could benefit from resources outside of the ‘legal’ community for the long term success of their negotiated Agreement for the couple and their family.
4. Ongoing support, through further mediation services, when the details of their Agreement may need some adjustments to continue to serve their needs. This is particularly true when there are children, who, of course, are growing, developing and changing as time passes.  It is also true for the adults, as each is also growing, developing and changing themselves, on their own, and through their associations with new people or new significant others in their lives.

This list is not expected to be exhaustive.  I strive to assist my clients in resolving their disputes now and in the future in a way that will be unique to them and their family.

Mediation Process:

Separation >

Cohabitation/Marriage >

 

Information Sheet – Mediator/Lawyer:

Separation >

Cohabitation/Marriage >

 

Agreement to Mediate:

Separation >

Cohabitation/Marriage >

 

Article For Conflict Resolution Week For Mediate BC >

Financial Summary >