1.877.602.9900MacLean Family Law Group – Family Law Litigation and Alternative Dispute Resolution Services.
We are pleased to offer the services of Shelagh Kinney, senior lawyer and mediator. Shelagh is highly experienced family lawyer accredited both as a Family Law Mediator by the Law Society of British Columbia, and in her membership of the BC Parenting Coordinators Roster.
Litigation is the process of taking a dispute through the Courts. If the parties are unable to reach an agreement on their dispute, a trial will be set and a Judge will make the decision after hearing the evidence from both sides.
In family law, it can be necessary to commence litigation to protect a spouse and children, preserve assets, find out financial and other information about the other party, and to achieve a fair determination of issues including custody, access, division of assets, and payment of support.
However, court cases can be expensive and take time to complete. In appropriate cases, alternatives to the traditional court process may be useful for family disputes.
The MacLean Family Law Group is pleased to offer you the following alternative dispute resolution processes:
Mediation
Mediation is a method of resolving disputes whereby the parties try to reach an agreement with the assistance of an impartial, neutral, trained mediator. The mediator manages the process but the decision about the terms of an agreement is made by the parties.
Mediation is a flexible and informal process. The parties agree on the selection of the mediator, and where and when the mediation will take place. Often, the mediation will occur in a neutral location such as the mediator’s office. If both parties are represented by lawyers, their lawyers may attend for mediation with them. The mediator will often canvas with the parties and/or their lawyers ahead of time the issues in dispute, and may request that certain information be sent in advance, such as financial statements, custody and access reports, valuations of property and business assets, and previous settlement proposals.
At the commencement of a mediation session, the parties usually meet together with the mediator to identify the issues in dispute, and discuss the mediation process. It is not uncommon for the parties to thereafter be in separate rooms for at least part of the mediation, particularly if their lawyers are present and wish to discuss proposals with their clients in confidence.
Depending on the number and complexity of issues, mediation may require two or more sessions, and the parties may seek the input of experts for tax and other issues with respect to suggested proposals.
The mediator does not provide legal advice to the parties. If a settlement is reached, the mediator will recommend that each party obtain independent legal advice and assistance to formalize the settlement in a separation agreement or consent order.
Shelagh Kinney of the MacLean Family Law Group is an experienced family law lawyer who is accredited as a Family Law Mediator by the Law Society of British Columbia.
Parenting Coordination
Parenting coordination is an emerging alternative dispute resolution process in which a lawyer or mental health professional with mediation training and experience assists parents to implement their parenting plan (whether by agreement or order) by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs and, with prior approval of the parties and/or the court, making decisions within the scope of the court order or appointment contract.
Parenting coordination may be of assistance in “high conflict” cases dealing with child related issues where parents have demonstrated a chronic inability to resolve conflicts about the children and bring frequent contested court applications regarding parenting issues.
Parenting coordination is not therapy or counseling for any family member, nor a formal custody evaluation or assessment. Although the Parenting Coordinator (“PC”) may act as a mediator to try to assist the parents to reach agreement on issues, parenting coordination is not only mediation as the PC will also have the ability to make certain decisions if the parties do not agree. The PC is appointed by the parties or the Court for a defined term, and the fees for the PCs services will be allocated between the parents by agreement or order.
Some examples of parental disputes settled by a PC include:
- parenting time schedules, including regular access, holidays and vacations, temporary variations for special events, travel and passport arrangements;
- a child’s recreational activities;
- education (tutoring, summer school, school choice) or daycare;
- health care (medical/dental);
- child rearing issues ( bedtimes, alterations of the child’s appearance such as haircuts and piercings);
- sharing of special or extraordinary expenses for the children; and
- forms of communications between parents, including monitoring of emails and other correspondence by the PC if these have been an issue.
Parenting coordination is relatively new in British Columbia. In the United States, several states have statutes authorizing the appointment of PCs, including Oregon, California, Texas, and, most recently, Florida. Although there is currently no statutory authority in British Columbia governing parenting coordination, there have been several reported cases in which PCs have been appointed by a Judge of the Supreme Court of British Columbia.
For the past few years, a group of British Columbia family law lawyers and mental health professionals have been working towards establishing parenting coordination as a new legal mechanism in BC to deal with the unique issues facing high-conflict parents, including providing a roster of PCs under the BC Parenting Coordinators Roster Society.
Shelagh Kinney of the MacLean Family Law Group is an experienced family law lawyer and a member of the BC Parenting Coordinators Roster.
