Michelle has a genuine concern for her clients’ best interests. She is not only highly competent and professional but also has a wonderful personality. She is approachable and thoughtful and I would recommend her to anyone wanting to pursue a collaborative resolution to their family law matter.
Taking a practical, resolution-focussed approach, Michelle helps people un-couple cooperatively, creatively, affordably and equitably through a unique and innovative approach: Express Mediation.
Express Mediation is a new process developed by Michelle to fill a gap she saw in legal services available to separating folk.
Express Mediation is a condensed, simplified, speedy and cost-effective option for those separating who mostly agree and therefore do not need a full-on process with all the bells and whistles, but do need some help sorting out the details. Express Mediation is generally a self-represented process, so the parties attend without legal counsel. They are however encouraged to seek Independent Legal Advice.
In Express Mediation, Michelle can help the parties to effectively resolve their outstanding matters in an expediated process. If they come to an agreement, she can then draft the terms into a binding separation agreement– at a reduced cost.
Express mediation is only for situations where the parties want to cooperate and are not in a high-conflict scenario and do not have highly disputed facts or positions. Michelle also offers regular and more fullsome mediation services for families that need more help, and have more complicated disputes.
WHY MEDIATION?
After years as a family lawyer, Michelle firmly believes that the adversarial court process is rarely the best place for families to resolve their disputes, except where there is very high level of conflict or violence. Families are usually better served by processes that help them retain agency over their lives and preserves relationships, where they can resolve their disputes with workable solutions and reduced negativity.
Michelle is both an experienced family lawyer and a trained family law mediator and arbitrator.
As a lawyer, she can help inform your joint discussions at mediation by providing legal information and perspective. When agreement is reached, Michelle can draft your enforceable separation agreement, which only a lawyer can do. As family law arbitrator, Michelle also has the ability to provide finality and a binding decision, where necessary, and if requested by both parties.
By merging these skills and services, Michelle offers a streamlined and flexible approach to resolving your family law disputes. She provides clients a one-stop service, with flat-rate packages, in a process that is tailored to the family’s needs and is faster and less costly than court.
Michelle is committed to making your process considerate, respectful, efficient and focussed. She will ensure all voices are on the table, while also taking a proactive and solution-based approach with a focus on finality and workable outcomes. Through this process, families, particularly those that must continue working together for their children in the future, can find peace and resolution after challenging times.
OTHER MEDIATION SERVICES:
Michelle offers regular and more fullsome mediation services for families that need more help, and have more complicated disputes. She also offers mediation services for cohabitation agreement negotations and fertility law disputes.
LEGAL AID MEDIATION:
In order to promote access to justice for low income families, Michelle may take legal aid mediations where one of the parties has legal aid through BC Legal Aid, Nunavut Legal Aid or other eligible program. Michelle’s posted flat-rate model does not apply in legal aid cases, and will be charged hourly to comply with legal aid coverage. Note: only the client with legal aid will be processed through legal aid, the other party will pay their half of the regular rate. Contact Michelle for more information at michelle@michellekinneylaw.com
Michelle provides the following mediation services, at a flat rate that includes all fees and disbursements.
The Express Mediation Package includes the following Steps 1-3:
Michelle offers two ways to proceed with a more fulsome mediation process:
MEDIATION FLAT RATE PRICING:
Price: $225 per person ($450 total) plus GST
Price: $1100 plus GST per person ($2200 in total)
If you reach agreement in mediation, Michelle will draft a legal Separation Agreement for you, at a significantly reduced cost:
Whether you choose Express Mediation or the Regular Medation Process, mediation has 3 key components: Pre-mediation (get set up and pre-mediation meetings), Mediation (information gathering and attend mediation), Documentation (separation agreement if agreement reached). The following steps apply to all mediations:
1. Get set up
Both parties confirm they wish to attend mediation. Michelle cannot act as a mediator if either party has received advice from her separately before. This is a joint process, and the mediator is a neutral third party, who takes no sides. A Client Portal will be set up to facilitate the process and information sharing.
2. Pre-mediation meetings (separately)
Each person will meet with Michelle alone to allow her to understand the issues and dynamics from each parties’ perspective, to ensure the process is suitable for you, and to discuss anything that might be helpful in encouraging a successful process.
3. Information or Document gathering
In order to have meaningful discussions and reach an agreement, parties must provide all relevant information. Working with you, Michelle will determine the scope and scale of disclosure required, and you will provide those materials through the Client Portal. She may ask each party to complete a sworn financial statement setting out all property and debts prior to the mediation. Without adequate disclosure a Separation Agreement may not be upheld by a court, and it is therefore an essential component of achieving a final agreement.
4. Attend mediation
Remote mediation will take place through Zoom, or over the phone, depending on preference and availability, unless otherwise arranged (in-person mediation only available by special arrangement) . Michelle will facilitate productive respectful discussions in a methodical manner to resolve your outstanding family law issues. Throughout, she will provide perspectives on the law and legal information so you have a common understanding of each parties’ rights and responsibilities under the law to ensure you are able to negotiate reasonable agreements for yourselves. As the mediator, Michelle does not provide independent legal advice to either party. If no agreement is reached, you will be provided a document outlining the tentative agreements, issues outstanding and next steps.
Depending on the scope of issues, whether parenting, financial/ property, or both, most family law matters can be resolved in 1-2 sessions of focussed mediation (or in the streamlined Express Mediation Process). Having the mediation broken into sessions also affords the parties the opportunity for thoughtful consideration and additional information gathering to promote informed resolution.
The parties may attend on their own, or with legal counsel. If the parties opt to attend on their own, time and space can be made in the process for them to reach out to their legal counsel for advice as needed. *** Note: Express Mediation is generally a self-represented process, so the parties attend without legal counsel. They are however encouraged to seek Independent Legal Advice.**
5. Separation Agreement
If you reach agreement in mediation, Michelle will draft a legal Separation Agreement for you based on those terms. Only a lawyer can draft a legal binding separation agreement. That agreement will be in legal, but plain-language, terms so both you and the courts will understand it. The Separation Agreement will be binding like a court order if filed in the court. Michelle always recommends that both clients seek Independent Legal Advice prior to signing.
