A DIFFERENT
KIND OF
FAMILY MEDIATION
My Services
A NEW APPROACH TO FINDING COMMOND GROUND
We were so fortunate to have found Elliot . I wanted to take the opportunity to thank-you for your help and guidance. You were a very calming presence in the room, in a situation that could have been even more heated than it was at times.
Sylvie Aucoin
After over 30 years of and hundreds of judicial and private family mediations as an experienced family law lawyer, I know what parties need to settle their family law cases.
It is not just about “hearing both sides” and “bringing them together” – the fact is that is too much to expect from most family law litigants who have little trust in one another. Indeed, a failed mediation is money which is literally thrown away – if no agreement is reached. The parties have nothing to show for it except big legal bills and arbitration bill. They are back to square one.
Evaluative Meditation is valuable even if it does not result in a settlement. It helps you:
a. To evaluate your own case;
b. To make sure the other side has heard a proper assessment of the risks of their case and,
c. Can help you recover costs if you are forced to litigate
This helps to make sure your spouse negotiates in good faith.
Click Here to learn more about my unique and effective approach to mediation where the parties actually get something important and valuable at mediation, even if there is no settlement.
ABOUT
I am an experienced family law lawyer practicing in Toronto and the GTA. However, in over 30 years of practice , I have been involved in cases accross Canada and
the US. Some of these cases are the most complex in Family Law, including cases involving business assets, pensions, hidden income, real estate, gift and inheritance.
which impact on the common issues of child support, spousal support, equalization of division of property and rights of common law spouses. With this vast experience
I can evaluate cases and help the parties predict the outcomes and risks to the their case in order to provide a joint ramework for a mediated settlement. The
parties can use this independent and neutral evaluation of the case either to settle or to gain some reassurance that they will need recourse to the Courts or Arbitration
to settle their case fairly.
Evaluative Mediation - A Critical Tool Even if No Settlement is Reached
Too many individuals attend conventional mediations with the unreasonable expectation that their spouse is somehow going to “see the light” and agree to a fair settlement.
This is simply unrealistic in many, and particularly high-conflict, - cases.
In this evaluative mediation process, parties elect whether the Mediator’s Evaluation can be:
- Used only by the parties: This can be used to guide legal strategy if the matter is not resolved at Mediation;
- Used by the Court only in determining cost: Just as the Court’s will review “confidential offers” after the case has been decided by a Judge to assess if one party should pay the other’s legal costs for failing to engage in reasonable settlement, this “confidential opinion” can be used to demonstrate a party behaving unreasonably and thereby increasing the likelihood of costs.
- Used by the parties if they go to Court (on the merits and the costs): A Mediator’s Evaluation is not binding on the Court but it can be an important tool to help narrow down the facts and issues in dispute and influence judicial thinking about the case.
In this way, Evaluative Mediation has the benefits of a “second opinion”, offer to settle for costs purposes and advocacy tool – even if the case does not settle!
How Do I Start?
There is NO cost for a consultation, and to see if the process is right for you and your spouse
Invite your spouse to Evaluative Mediation. This can be done privately or through our website. Click Here to invite your spouse or more information.
Our offices will contact you both for a joint conversation explaining the process and ensuring that evaluative mediation is right for you.
Participate in a short introductory Virtual Session to set a budget and to confirm the scope of the Evaluative Mediation.
Do I Need A Lawyer?
Evaluate Mediation Can Be Done With or Without A Lawyer
However, no party should finally settle their case without independent legal advice from a qualified family law lawyer. This helps to ensure you fully understand that Mediator’s Evaluation and it truly represents a settlement terms you wish to make.
If you have a lawyer, they can participate in our sessions (if jointly agreed) or simply provide you with your own advice during the process and on any settlement.
A roster of available, experienced and independent family law lawyers is available upon request.
Schedule a FREE Consult Today
Contact us today and find out more about how Evaluate Mediation can help you get to a final agreement faster and cheaper.
77 King Street West (TD North)
Toronto, ON M5K 1G8
Phone: 877-798-2488
Toll Free: 1-888-296-3411
Fax: 416-368-0300
ELLIOT S. BIRNBOIM
e-mediaate.ca is a marketing website operated by the boutique law firm CP LLP serving the business and litigation needs of clients throughout Ontario including the Greater Toronto Area (GTA), Mississauga, Oakville, Brampton, Markham, & Newmarket.
ABOUT US
Not ready to book? Contact Elliot Birnboim for a FREE Consultation about how this can assist you and your spouse to settle matters quickly and efficiently
About
Elliot S. Birnboim