The Estate Mediation Group

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  • Getting Beneficiaries to Mediation
    Most people don't want their loved ones to inherit a dispute but sometimes that happens, despite good intentions and a well thought out estate plan. What then? Can a testator require beneficiaries to go to mediation in order to resolve an estate dispute? The following suggested will clauses were drafted by Barry Corbin and published by Thomson Reuters Canada Limited in Estate Litigation, 2nd ed. More...
  • The King's Speech: A Lesson For Estate Mediation
    "Estate mediation" sounds pragmatic, quick and convenient, like high-quality convenience food: just empty the packet, add water and stir. In practice, however, it is not nearly so linear or sanitized - and the current civil/commercial mediation model needs modification so that individual participants have advance guidance and preparation. More...
  • Estate Mediation Helps to Prevent Family Warfare
    Mediating a dispute over an inheritance can save more than time in a courtroom - it can save a family. The less-confrontational process can often resolve estate matters without forever dividing the beneficiaries. More...
  • Improving Settlement Prospects In Estate Disputes
    I have been given the task of talking about "The Art of Principled Negotiation" and its practical application to estate disputes. My intention is to deliver some useful information about how to make estate negotiations and mediations more productive through the application of principled negotiation. My vantage point will be that of a mediator who has worked with counsel and their clients to resolve a variety of estate- related disputes. More...
  • Estates Mediation Pilot Project Extended
    Lawyers in Ontario's estates bar are heaving a collective sigh of relief since the provincial government decided to extend the two-year pilot project in mandatory mediation for estates matters for another three years. More...
  • 80 Per Cent of Estates Cases Solved with Mediation
    For lawyers practising in the estates field, almost nothing is more satisfying than seeing their grieving clients satisfied when the cases end. But when estate matters end up in litigation, this rarely happens. More...
  • Mandatory Mediation is Great for Estates
    In his 1853 novel Bleak House, Charles Dickens told the tale of a family lawsuit in Chancery Court called Jarndyce v. Jarndyce. More...
  • Mediator Strategies & Tactics
    This article is intended to provide candid, informal and somewhat irreverent insights into mediator behaviours and assumptions that prompt them. It has been written with the generous assistance of several Canadian mediators who work in many civil contexts including personal injury, employment, debtor/creditor and professional negligence. More...

The Estate Mediation Group

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M. Gaylanne Phelan

Genevieve A. Chornenki

Barry S. Corbin

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