The Estate Mediation Group

M. Gaylanne Phelan, B.A., J.D.

Gaylanne was one of the first estates lawyers to promote civil justice reform through alternative dispute resolution. She has mediated approximately 200 estates disputes, most of which have settled successfully. More...

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Genevieve A. Chornenki, LL.B., LL.M. (ADR),
Chartered Mediator, Chartered Arbitrator

Visit Genevieve at www.genevievechornenki.com.

Barry S. Corbin, B.Sc., M.Sc., LL.B.

Barry was one of the earliest advocates of mediation as an effective means to resolve disputes in estate and trust matters, presenting a paper on the subject at the Law Society of Upper Canada's 1996 Special Lectures on Estates. As a member of the Estates Subcommittee of the Attorney General's Civil Rules Committee, he participated in formulation of the special mandatory mediation rule for estate disputes (Rule 75.1 of the Rules of Civil Procedure). Over the past 15 years, Barry has acted as a mediator in trust and estate disputes on a wide range of issues, including:

• Will challenges on the basis of testator incapacity and undue influence.
• Continuing Power of Attorney challenges on the basis of grantor incapacity.
• Contested passings of accounts.
• Removal of estate trustees.
• Dependant's relief claims.
• Personal care of incapable persons.

Barry has been a lawyer in private practice for 29 years, focusing on tax and estate planning and estate administration. He has been certified as a specialist in the field of trusts and estates law and received the Ontario Bar Association's Award of Excellence in Trusts and Estates in 2008. Barry is the Chair of the Estates Subcommittee of the Attorney General's Civil Rules Committee and is a Fellow of the American College of Trust and Estate Counsel. He is a past editor-in-chief of Estates Trusts & Pensions Journal (Canada Law Book) and a co-founding editor of the newsletter, Money & Family Law (Thomson Reuters).

HOW TO BOOK AN ESTATE MEDIATION WITH BARRY

To book an estate mediation with Barry, interested counsel are invited to follow these steps:

• Step 1: Contact Barry at barry@estatemediationgroup.ca to obtain possible dates for mediation during the desired time frame(s).
• Step 2: Opposing counsel will determine which of those dates would be mutually convenient for them and their clients.
• Step 3: Once a date is chosen, the venue can be determined. Normally, mediations are conducted at the Law Chambers at 393 University Avenue, Suite 2000, Toronto. (There is no extra charge for the use of these facilities.) However, if insufficient space is available at that location on the selected date or if travel to downtown Toronto is problematic for one or more of the parties, an alternative venue that is mutually acceptable to all will be determined.
• Step 4: As soon as possible after the date and venue have been determined, please send Barry relevant case details so that he can prepare the necessary paperwork:
• The complete names of the parties and the capacity in which they will be participating.
• The name of the estate, if any.
• The name and contact information for all counsel (and any unrepresented parties), including e-mail addresses.
• If any party requests that a non-party attend the mediation, the name of that party. (Caution: participation of non-parties must be agreed to by the mediator and by all of the other parties at least one week before the date scheduled for the mediation.)
• If litigation has been commenced, the Title of Proceedings, Court File Number and jurisdiction.
• A copy of any Order(s) Giving Directions governing the mediation under Rule 75.1.
• Unless there is an Order setting out who will be responsible for the cost of the mediation, the manner in which that cost is to be borne by the parties.
• Step 5: Upon receipt of relevant case details, Barry will e-mail counsel the following:
• Formal confirmation
• Customized Agreement to Mediate, with fee structure. View Standard Estate Agreement to Mediate & Confirmation forms.

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