Contract Mediation
We frequently handle contract mediation, with the most common disputes arising in the areas of construction and home renovations. These issues typically involve disagreements between contractors and homeowners. We also mediate conflicts in business-to-business relationships and partnership arrangements.
A swift resolution that isn’t perfect is often better than a perfect resolution that takes years to achieve.
Contract disputes are usually rooted in communication breakdowns or misunderstandings regarding the contract’s terms. Our process begins by carefully reviewing the contract with each party to identify where communication faltered. From there, we work to find common ground and develop solutions that address the needs of both sides.
For homeowners, these disputes are often highly emotional, as they involve the place they call home. For contractors, a dissatisfied client can lead to non-payment and damage to their professional reputation. The most frequent cause of these disagreements is a misinterpretation of the renovation contract’s terms.
Many renovation agreements are structured as cost-plus contracts. In these, the general contractor agrees to oversee the renovation for a management fee calculated as a percentage of the overall project cost. This fee is typically around 15%. For example, if the cost of materials and labor totals $50,000, the contractor would add a 15% management fee—$7,500—bringing the total to $57,500.
A fundamental issue with cost-plus arrangements is that contractors stand to benefit from cost overruns, which can cause homeowners to become suspicious and distrustful.
In our mediation process, we help the parties rebuild trust and work toward resolution. A clear and accurate understanding of cost overruns often helps resolve tensions. Our background in construction allows us to break down complex issues into simple, understandable terms.
Understanding the true meaning and intent of the contract is essential in mediation. Reviewing both the contract itself and the related communications helps both sides better understand each other’s perspectives.
Ultimately, our aim is to achieve a prompt and fair resolution so both parties can move forward.
Estate Mediation
Estate mediation becomes essential when disputes arise among beneficiaries regarding the contents or execution of a will. These conflicts can take many forms and may involve various family members and outside parties such as charities or non-family beneficiaries.
We provide a comprehensive suite of estate mediation services and can facilitate participation from individuals anywhere in Canada or internationally.
A common barrier to resolution is a communication breakdown. In one memorable case, two siblings had not spoken in over 25 years. Although neither could recall the origin of their dispute, both were deeply affected by grief and resentment. Through our mediation process, we helped them rebuild communication and ultimately reach a fair and reasonable settlement.
Claims of undue influence frequently arise during estate mediation. A key component of our approach involves evaluating the validity and impact of such claims. To do so, we may collaborate with other professionals, such as physicians and mental health practitioners, to thoroughly address these concerns.
Beginning the Mediation Process
Lawyers often play a significant role in estate disputes and are typically involved early on, sometimes even before a mediator is brought in. When a will is contested, executors commonly retain legal counsel. If mediation is agreed upon, lawyers usually provide a list of potential mediators. However, you can always suggest our services or contact us directly.
Once we are selected as mediators, the initial step involves private meetings with each party and/or their legal representatives. During these sessions, we screen for signs of undue influence—a critical part of the process, as such issues can often be an unspoken yet major source of conflict.
The following phase involves collecting relevant information. If legal counsel is involved, lawyers usually prepare "Mediation Briefs," which outline their client's stance, pertinent facts, and applicable legal principles.
When lawyers are not engaged, we assist clients in identifying key issues and developing solutions collaboratively.
The formal mediation process can begin with all necessary information gathered and shared. Its structure is flexible and tailored to the needs and preferences of the involved parties, who maintain control over how the process unfolds.
Why Choose Estate Mediation
Estate mediation is a private and confidential alternative to litigation. It allows disputes to be resolved without going to court, promoting a setting conducive to honest dialogue and mutual understanding.
Ultimately, estate mediation aims to foster cooperation and build lasting resolutions. In many cases, it helps repair and strengthen relationships long after the mediation has concluded.
Family Law Mediation
Why Family Law Mediation Works
Family law mediation empowers families to make decisions about their own future.
Separation can place a significant emotional and financial burden on families. In many cases, mediation offers a more effective and efficient alternative to the traditional court process. Most couples going through separation prefer to resolve matters promptly. Families with children need to make decisions about parenting time, child support, spousal support, and property division. These issues can take years to resolve through the court system. In contrast, mediation keeps the focus on what matters most—especially the well-being of the children. When appropriate, children may also be included in the mediation process.
Under Section 8 of the Ontario Family Law Act, R.S.O. 1990, c. F.3, outlines the duties of family dispute resolution professionals to assess for family violence and discuss various dispute resolution options with parties involved in a family law dispute. While a history of family violence doesn’t automatically rule out mediation, it does require us to take extra steps to ensure all participants are safe throughout the process.
The mediator’s role is to help each party identify their priorities and support both sides in developing a plan that addresses their needs. A key part of this process involves reality-checking—helping both parties maintain realistic expectations and make informed decisions.
Getting Started
Once both parties agree to proceed with mediation, the first step is for the mediator to meet individually with each person. This ensures that everyone understands the process and that mediation is a suitable option for the situation. It is during this initial meeting that the screening for family violence and power dynamics takes place. Only in rare and extreme situations would mediation be declined.
The next phase involves collecting relevant information. This may include financial documents, existing agreements, and an understanding of your legal rights. We strongly recommend speaking with a lawyer beforehand so that you are informed of your rights and responsibilities.
A Lawyer/Legal Professional can also help prepare a Financial Statement and offer independent legal advice once an agreement is reached. You are entitled to have a lawyer/legal professional present during mediation or to consult with one at any time during the process. We frequently pause mediation sessions to allow parties to contact their legal counsel. While most lawyers/legal professionals do not attend the sessions themselves, they are often available by phone—an approach that typically reduces costs.
Once all the required information is gathered and exchanged, the mediation process can begin. What that looks like will vary depending on your circumstances. You can choose to mediate all issues or focus on specific topics.
The choice is yours—and we’re here to support you every step of the way.
Med-Arb
A Combined Approach to Conflict Resolution
Med-Arb is a blended dispute resolution method in which the parties begin with mediation and seamlessly transition into arbitration if a settlement cannot be reached. This ensures that all issues are ultimately resolved, providing both flexibility and finality.
A common hesitation with mediation is uncertainty—what if no agreement is reached? Many individuals worry about investing time and money in a process that may not deliver results. Med-Arb addresses this concern directly.
The process starts with mediation, where the parties attempt to resolve as many matters as possible. If unresolved issues remain, the process moves into arbitration, where a binding decision is made by an arbitrator—similar to a judge in the formal court system.
In many cases, the mediator also acts as the arbitrator. However, either party may request a different arbitrator to avoid any concerns about potential bias developed during mediation. This flexibility ensures fairness and impartiality throughout the process.
Med-Arb is especially effective for individuals worried about having to restart from scratch in the court system if mediation alone is unsuccessful.
This approach also offers the benefits of efficiency and privacy. While court proceedings can take months to begin, Med-Arb can often be completed within a few weeks, keeping matters confidential and moving quickly toward resolution.
Learn more about the advantages of the Mediation-Arbitration process [click here].