FAQ

What are your areas of experience?

  • workplaces
  • employment
  • discrimination, accommodation
  • equality, diversity, cross-cultural relationships
  • bullying and harassment
  • estates, powers of attorney, elder care
  • family businesses
  • neighbours
  • community groups
  • non-profit organizations and boards of directors
  • breach of contract
  • real property, easements, home defects
  • debtor/creditor, mortgages
  • construction, contractors
  • agriculture, family farms
  • business partnerships and shareholders
  • commercial leases
  • and more

What is mediation?

Mediation is a conversation or series of conversations facilitated by a neutral person who has expertise in conflict resolution. Mediation can take place in the context of existing court proceedings or it can take place among people who are in a dispute but don’t want to start or have not yet started court proceedings.  Mediation can also take place in the context of a family, business, organization or community where issues have arisen that need to be talked about but no one is considering court proceedings.

Do I need to be referred by a lawyer to use your services?

No, you don’t need a referral from a lawyer. If you, your family or organization would benefit from help from a mediator or facilitator, you can arrange those services directly.

If the matter involves a legal dispute, the mediator may recommend that the parties get legal advice on their situation before or after the mediation in order to make sure the parties understand their legal rights and obligations. If you are represented by a lawyer already, it’s a good idea to talk to the lawyer about how to pursue mediation.

Do I need independent legal advice?

Mediation is not a substitute for legal advice. A mediator cannot and will not give you legal advice on your situation.

If your situation involves legal issues, you should get legal advice from a lawyer so that you understand your rights and obligations as well as the potential risks of your situation. If parties make an agreement at mediation, there may be certain aspects of the agreement that require independent legal advice. The parties to a mediated agreement may want their lawyers to write up the agreement in a legal format.

What is independent legal advice (ILA)?

Independent legal advice is advice you get from a lawyer on your specific situation. You can ask for a consultation meeting, in which you tell the lawyer information about your situation. The lawyer explains how the law works in your situation and gives you legal advice or a legal opinion on your rights, obligations and risks.

If you retain the lawyer to act on your behalf to start legal proceedings or take other steps, that is called legal representation. You can normally seek legal advice or a legal opinion about your situation without having to retain the lawyer to represent you.

How long does mediation take?

Mediation can take place in a half or full day or in multi-day sessions. Mediation can also be a series of meetings and interviews between the participants and the mediator taking place over a period of weeks or months. At the outset, we work with clients to design the right process and timing for their situation.

What are your rates?

Our rates depend on the service(s) required. We’ll explain these rates up front so that you understand what you’re committing to. We may ask you to pay a retainer (deposit) in advance to reserve your booking. Contact us  to find out more.

Are there cancellation fees?

Cancellation fees will apply for mediations cancelled 14 calendar days or less before the scheduled date. Our Service Agreement sets out the details.

Where do you provide these services?

Knapp Resolutions is located in the heart of Victoria, British Columbia. Our services are available in the greater Victoria area, the majority of Vancouver Island, the Gulf Islands, and the lower mainland, including metro Vancouver. In addition, some of our services can be done remotely, via video- or teleconferencing.

We can travel to your place of business or arrange a suitable meeting location that meets your needs.

Training and consultation work can be done broadly across Canada.

How do I get started?

Call or email to get started. We’ll ask you some key questions to determine what kind of assistance you need and to help create a strategy for mediation, facilitation, training or consultation.

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