Unlike the court system, which is oppositional by nature, mediation gives people a collaborative path forward where they have more control over the outcome of their disputes while simultaneously providing them with privacy over sensitive matters. The goal of mediation is for the parties to reach a fair and durable settlement that will meet each party’s long-term goals while simultaneously avoiding the expense, stress, and time associated with the court system.
Mediation is a consent-based process where two or more parties negotiate a dispute between them with the assistance of a trained, neutral mediator.
Mediation is a process which allows each party to represent their own interests while still working towards a collaborative outcome that meets the parties’ most important needs while often compromising on things that are less important to them.
Mediation is voluntary. There is no obligation for parties to reach an agreement at mediation if they are unhappy with the options being presented to them.
Mediation is designed to facilitate communication, manage emotions and expectations, and engage the parties in a negotiation where they can understand and manage their respective risk tolerances.
Mediation is a cost-effective solution to reaching lasting agreements on difficult topics that would otherwise cost far more to resolve through the court system.
A mediator is a trained professional that works with both parties in a neutral manner to facilitate their discussion, negotiations, and efforts towards resolving the issues between them.
A mediator can help the parties reach to an agreement together, but the mediator will not make decisions for you.
A mediator cannot provide the parties with any legal advice, even if they are also a trained lawyer.
A family law mediator must meet certain training and practice standards as set out in the Family Law Act. In British Columbia, family law mediators must be accredited and certified after having taken part in a training extensive program which provides them with the tools to facilitate a mediation process that will meet their clients’ needs. They must have at least two years of experience in a family-related field and take specified training in family law, mediation theory and skills development, and family violence.
Michael Cantwell is a certified family law mediator and is pleased to offer mediation services to families dealing with all forms of dispute. While Michael is also a trained and experienced family law lawyer, he provides mediation services as an unbiased, neutral mediator who relies on his experience as a lawyer to assist the parties in reaching a reasonable and fair solution. He mediates disputes with or without lawyers present, depending on how the parties agree to proceed.
Michael will assist the parties in overcoming obstacles and impasses that, even to the parties’ counsel, appear to be roadblocks in reaching a resolution. By working closely with the parties and their counsel, Michael will assist the parties in reaching compromises they did not realize were possible. This process will allow the parties to achieve a sense of ownership over their future and achieve certainty as to the outcome that cannot be achieved elsewhere.
Michael has office space available to him in the Campbell River, Comox, and Courtenay offices to host mediations, and is also available to travel to other locations and provide remote mediation via Zoom or other similar remote technologies.
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