estatemediators.ca
Mediators Role
Your Estate Mediators:
Brian J. Wilson
brian@estatemediators.ca
Kimberly A. Whaley
kim@estatemediators.ca
We Mediate The
Following Disputes:
- Will and Estate challenges
- Dependant Support Claims
- Contested Passings of Accounts
- Power of Attorney Litigation
- Trusts disputes
- Court resolution of Estate, Trust and Incapacity matters throughout Ontario
- Guardianships
- Interpretations of Trusts and Wills
- Incapacity proceedings
- Elder Law and Abuse
- Solicitor's Negligence: Trusts and Estates
- Estate Trust and Incapacity proceedings
- Fiduciary litigation
- Tax Efficiency; and more
Access these links to learn more
about your Estate Mediators:
Brian J. Wilson www.wilsonvukelich.com
Kimberly A. Whaley www.whaleyestatelitigation.com
Estate Mediators Brochure
estatemediators.ca
The Role of your Mediators at Mediation
Your Mediators shall be impartial and neutral and shall assist the Parties in reaching a mediated settlement. The Mediators and the Parties shall be bound by the Mediation Agreement that all Participants must sign.
The Mediators
- Your Mediators are facilitators, not advocates. Your Mediators do not provide legal or other professional advice
- It is not your Mediators' obligation to protect the legal rights or interests of any Party, to raise issues or matters not raised by the Parties themselves, or to determine who the Parties to the Mediation should be
- If the Mediators offer communications of this nature, either personally or through an agent (including a tax-related solution), it is a communication only
- Your Mediators may find it helpful to meet with the Parties separately during the Mediation in a private session or together as a collective group
- Your Mediators may disclose to the other Parties any communication provided by a Party in a caucus if the Mediators consider it to be relevant to the issues in the Dispute, unless a Party specifically requests the Mediators to keep certain information confidential. The Mediators shall take steps to ensure with each Party that the information or communications are only appropriately disclosed
- If a settlement is not reached, the Mediators will only provide a report stating that no agreement was reached or as otherwise directed by all of the Parties
- The Parties acknowledge and agree that it is not the Mediators' duty to ensure the validity or enforceability of any Settlement, Minutes of Settlement, or Releases entered into
- Your Mediators shall destroy all documents related to the Mediation (including all notes taken by the Mediators during the Mediation) after the end of the Mediation, and shall retain no records related to the Mediation except the Mediation Agreement executed by the Parties