MEDIATION SERVICES
Here at FH&P Lawyers, we provide a well-rounded scope of services for parties in dispute. In addition to providing advocacy, the members of our firm also provide alternative dispute resolution services. Specifically, we have trained and experienced mediators who act as neutral facilitators to assist parties in resolving disputes.
Mediation involves enhanced communication and discussion between parties which can lead to a mutually beneficial resolution crafted by the parties themselves, facilitated by mediators. Mediation offers a confidential space where open discussion related to the dispute is facilitated. When completed, the mediation process results in parties coming to an agreement that is ultimately designed and decided upon by themselves, with or without assistance from their own counsel.
Mediation can be a more cost-effective alternative to litigation. Parties experience an inclusive process that provides a safe way to communicate their interests and discuss issues, resulting in those involved being able to effectively share their perspectives.
THE MEDIATION PROCESS
The majority of people who utilize mediation come to it through the direction of lawyers. Both parties need to have agreed to mediation. A mediator may only be jointly retained (retained by both parties). If you are both self-represented and are engaging a lawyer to provide you with independent legal advice with respect to your legal rights, obligations, and terms of the agreement, our mediators can help. In this case, individual screening appointments will be made and then a meeting will be scheduled to discuss the process and the issues. It is important to note that Mediators cannot communicate with a single party (save and except to conduct the screening and or when caucusing). The process of all parties working together starts right at the beginning. Transparency, collaboration and cooperation are foundation stones to mediation and these principles are adhered to from the commencement of the process.
Audra’s practice is defined by the principles of guidance, education and empowerment. It is important that you have a clear understanding of your legal rights and obligations and the choices with respect to processes available to you for the resolution of your issues. This is one of the many reasons that it is important that you have a lawyer retained to educate and guide you with respect to your family law matters and also your mediation of the family law matters. This is an important investment in not only your financial future, but the future of your co-parenting relationship.
The focus of Audra’s practice is mediation, arbitration, collaborative law, and family law coaching including offering unbundled services. Audra firmly believes that where possible and appropriate to do so, families should use meditation, arbitration or collaborative law to resolve family matters, including:
- Divorce & Separation
- Child Custody & Parenting Arrangements
- Child & Spousal Support
- Family Agreements
- Family Property & Debt Division
- Wealth & Asset Protection
Audra offers services as a lawyer but also as a mediator and arbitrator and brings over 20 years of experience and a practice that has been predicated on complex family law settlement resolution to the mediation/arbitration table. Audra provides a variety of mediation services including mediation of interim and or urgent issues including holiday parenting issues, disclosure, interim distribution, etc. You can schedule 2-hour mediations for these issues or longer if required. Audra will be happy to try to accommodate short-notice requests whenever possible.
Audra is an open, respectful straight shooter and values the same with those she works with. If you are serious about obtaining a reasonable outcome that will allow you to move on with your life, you and your lawyer must be prepared. Financial disclosure should be fully exchanged in advance of the mediation. If child and or spousal support are issues to be resolved, you should have your calculations based on a number of scenarios completed and exchanged in advance of mediation and come prepared to discuss these and negotiate. If property division is at issue, have your family property accounting completed (Scott Schedule) which ought to be completed based on valuation documents which have been exchanged. If there are corporate assets to divide, ensure you have your proverbial ducks in a row being expert reports, advice and options and have your experts available to reach during the mediation. If income determination is an issue, once again, those ducks must be aligned including the exchange of all documents relevant to the determination of the income, any expert reports (including guideline income reports) and issues such as attribution of expenses ought to be fleshed out in advance including the exchange of documents and production of expert reports and exchange of any calculations and proposals.
You may choose to retain Audra for an extended mediation process which is when you retain Audra at the outset of your matter and she will mediate interim issues as they arise and then ultimately mediate the final resolution of your family law issues.
Although mediation attended by lawyers and the parties is generally the best way to proceed, Audra will provide mediation services to parties attending without counsel on a case-by-case basis. These parties must have fully exchanged financial disclosure and be fully prepared as described hereinabove, must have completed the screening process, and must obtain independent legal advice in advance of mediation and post-mediation. Audra encourages parties to have a lawyer available by telephone during mediation as well.
Getting Started
Audra looks forward to working with you to resolve your family law issues. To begin your mediation process, please contact one of the following staff members who will be happy to assist you by starting with a conflict check:
Amber: aosullivan@fhplawyers.com
Tanya: tsanmartin@fhplawyers.com
Deborah: dcampbell@fhplawyers.com
What we need if the parties are self-represented:
- Particulars to complete a conflict check: full legal names of both parties and maiden names if applicable. Full legal names of any new partners/spouses;
- Brief description of issues to be mediated and whether the resolution of any of the issues is urgent and if so which issues and what is the nature of the urgency. Please also confirm whether you require mediation on an interim basis, final basis or both (extended mediation process);
- Once Audra has confirmed that the matter is suitable for mediation and she is available to mediate, a mediation retainer agreement will be provided which should be taken to a lawyer to obtain independent legal advice, and then the retainer will be paid. A confidential intake form will then be provided (that will not be shared with the other party) for purposes of your first call and screening meeting with Audra. Audra is required to complete a family violence screening and this will be completed in the first intake call.
What we need if the parties are represented by counsel:
- Particulars to complete a conflict check: full legal names of both parties and maiden names if applicable. Full legal names of any new partners/spouses. Names and contact information for lawyers;
- Brief description of issues to be mediated and whether the resolution of any of the issues is urgent and if so which issues and what is the nature of the urgency. Please also confirm whether you require mediation on an interim basis, final basis or both (extended mediation process);
- Once Audra has confirmed that the matter is suitable for mediation and she is available to mediate, a mediation retainer agreement will be provided and independent legal advice should be provided, the agreement signed, and then the retainer will be paid. A confidential intake form will then be provided (that will not be shared with the other party or the lawyers) for purposes of the parties’ first individual private call and screening meeting with Audra. Audra is required to complete a family violence screening and this will be completed in the first intake call. A call will also be set with the lawyers to discuss the matter and the mediation process.
Learn more and start the process here:
Wendy has practiced purely as a litigation strategist for 16 years in complex and niche areas such as intellectual property, shareholder disputes, estates disputes, employment and non-competition matters, complex multi-party non-motor vehicle personal injury, land disputes, strata, human rights, and First Nation electoral, governance, and residential-landlord matters, to name a few. She has attended before the Provincial Court, the British Columbia Supreme Court, and the Court of Appeal.
In 2019, Wendy chose to adopt other methods of dispute resolution into her practice, which include mediation and arbitrations. She has since served as arbitrator and adjudicator for First Nations governments presiding over 50 matters in just a few years. Wendy has taken all requisite introductory and advanced mediation courses through Continuing Legal Education in British Columbia, the BC branch of the Canadian Bar Association, and most recently, received certification through the Program on Negotiation offered by Harvard Law School on Mediating Disputes.
Wendy has taken a particular non-academic interest in the concept of critogenic harm, which is a term that has been coined for the negative impacts that litigation parties experience from being involved in legal action. Having suffered from critogenic harm personally, Wendy has developed the skillset, understanding, and experience required to navigate negotiating parties through the mediation process in a way that puts their mental health as a priority.
Getting Started
What we need if the parties are represented by counsel:
- If you have a lawyer, and wish to inquire about how mediation can resolve your dispute, please have your lawyer reach out to me directly at wcheung@fhplawyers.com.
What we need if the parties are self-represented:
- Both you and the opposing party first need to agree to have your dispute resolved by mediation. Because mediation is a voluntary process, all parties must first agree;
- Once you and the opposing party have agreed to mediation, you need to agree to who to use as your mediator. I would suggest you do your research and select a few mediators to talk to and see who is the best fit. Some of the criteria you are assessing may include practice areas that the mediator has experience or mediation style(s) that you may want the mediator to utilize;
- Once you have selected one or a few mediators to connect with, set up a call with the mediator with all parties present to have an initial conversation about whether the mediator is the right fit for the parties and the dispute. If my experience and profile are of interest to you, and you and the opposing party would like to speak to me, then:
- Contact me at wcheung@fhplawyers.com. In the body of the email, please include full personal and/or corporate names of ALL parties so that we may first conduct a conflict check;
- Once the conflict check clears, you will hear back from me directly and I will personally introduce myself to you and the other parties and let you know the process to get the mediation started, including booking a time for an initial meeting and a day for the actual mediation, and everything in between.
