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

Genevieve brings extensive dispute resolution experience to contested estate matters. Her practice is restricted to non-partisan services such as mediation, arbitration, facilitation & coaching. She has worked as a mediator since 1989 and as an estate mediator since 2003. Genevieve has mediated both voluntary and court mandated cases involving a variety of estates dispute issues, including:

• Dependants' support claims initiated by siblings, ex-spouses or adult children.
• Asset management under powers of attorney.
• Issues on intestacy with a common law spouses, extended family and minors.
• Will challenges including multiple wills & issues of testamentary capacity.
• Allegations of undue influence.
• Quantum meruit & trust claims against estates.
• Allegations of fraudulent beneficiary designation.
• Accounting by, and compensation of, estate trustees.
• Disputes over personal effects and or specific assets (such as the family cottage).
• Disagreements regarding memorials or burial arrangements.
• Incapable persons and issues of personal care or property management.
• Differences of opinion/personality/values between personal representatives such as siblings.

Genevieve was inaugural chair of the ADR section of the Ontario Bar Association and the first recipient of its Award of Excellence in ADR in 1999. She assesses mediation and arbitration candidates for several organizations including the Chartered Mediator designation of the ADR Institute of Ontario. Genevieve is co-author of Bypass Court: A Dispute Resolution Handbook, now pending in its 4th edition.

• Download Genevieve's Professional Summary.
• View Genevieve's On-Line Calendar.

HOW TO BOOK AN ESTATE MEDIATION WITH GENEVIEVE

Booking an estate mediation with Genevieve is straightforward whether the mediation is voluntary or mandated under Rule 75.1. Interested counsel are invited to follow these steps:

• Step 1: Opposing counsel confer on dates mutually convenient to them and their clients, as well as a potential location for the mediation.
• Step 2: Consult Genevieve's On-Line Calendar. If your preferred date does not appear, contact Genevieve directly to see if she can accommodate you. View Genevieve's calendar.
• Step 3: Reserve your chosen date with Genevieve by e-mail or phone using a short form case name like "Jones Estate". Contact Genevieve to reserve.
• Step 4: When you reserve your date (or shortly thereafter) please send Genevieve relevant case details so she can prepare the necessary paperwork:
• i. The complete names of the parties and the capacity in which they will be participating.
• ii. The name and contact information for all counsel (and any unrepresented parties), include e-mail addresses.
• iii. If litigation has been commenced, the Title of Proceedings, Court File Number and jurisdiction.
• iv. A copy of any order(s) governing the mediation under Rule 75.1.
• v. The agreed-upon location which can be the offices of one of the counsel (on consent of the parties) or a neutral location such as a Special Examiner's Office or hotel.
• Step 5: Upon receipt of relevant case details, Genevieve will e-mail counsel the following:
• i. Formal confirmation.
• ii. Customized Agreement to Mediate with fee estimate.
• iii. Client preparation form, "Preparing Yourself For Mediation". View Standard Estate Agreement to Mediate & Confirmation forms.

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Booking With Genevieve

Genevieve's On-Line Calendar

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). More...

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John M. Fuke, B.Comm., J. D.

John Fuke is known by Wills and Estates lawyers across Canada and internationally. He has been a lawyer in Ontario since 1965 and has worked almost all of that time in the field of taxation, wills, trusts, estate planning and estate administration. More...

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