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Mediation

SBL Services - Mediation

At Soby Boyden Lenz LLP we are committed to helping our clients choose the most suitable dispute resolution process for them. Many of our clients choose mediation as an option, and our lawyers are experienced in helping them be most effective by providing legal advice and coaching and attending mediation sessions with them when appropriate.

A mediator is a neutral facilitator whose role is to assist parties to negotiate a voluntary agreement. The mediator helps the parties to:

  • Manage conflict
  • Identify issues that need resolution
  • Communicate effectively
  • Identify important needs, concerns and interests of both parties
  • Obtain and verify information necessary to make decisions
  • Develop a wide range of options for resolution
  • Reach an agreement that meets the needs of both parties
  • Document the agreement by providing a written memorandum

Parties can decide if they would rather complete mediation on their own or hire a lawyer to assist in the mediation, this is often referred to as “lawyer assisted mediation.”

If you have a child under 18 years of age and either you or the other party earns less than $40,000 per year, mediation services are available to you at no cost.  Information regarding this program is available on the Alberta Provincial Court Webpage at: www.albertacourts.ab.ca

Many times parties will hire a private mediator.  John C. Soby, Q.C. is an experienced family mediator who also provides mediation services for non-clients.

Mediation provides:

  • A safe and respectful process for negotiation
  • A private process–discussions are confidential
  • A future-focused process
  • An opportunity for creative and individually tailored resolutions
    • With or without lawyers present
    • With opportunity to engage neutral experts such as financial planners, psychologists, business valuators, etc.
    • With many options for pacing or scheduling
  • A flexible process
  • Control over the outcome

In order for mediation to be effective:

  • It is important for the parties to have independent legal advice
  • Both parties must commit to participate fully in a good faith negotiation
  • Both parties must commit to provide full and honest disclosure of financial or other relevant information
  • Each party must be prepared to seek a resolution which meets the needs of both parties

A mediator does not:

  • Provide legal advice
  • Make decisions
  • Advocate for either party

Examples of Mediation:

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