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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100428
Experience:  Lawyer
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I declined my membership today but already would like to try

Customer Question

I declined my membership today but already would like to try the service again.My question is:What cost would one expect using conference law procedures. I believe there are 3 levels?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

What province are you in please?

Please start at the beginning and explain the basic facts as I don't yet understand what you mean.


Customer: replied 9 months ago.
I am in Ontario.
I am in negotiations on a real estate matter i.e. who owns or is entitled to what equity in a house registered in two parties names in common.
I don't think negotiation will go well so I believe we should investigate the conference method of getting an opinion as what the likely outcome will be if we go to court..
My question is "what costs can be expected from this procedure.
Expert:  Debra replied 9 months ago.

I don't know what the conference method is. I have been a lawyer in Ontario since 1985 and I've never heard of that.

Can you explain more?

Customer: replied 9 months ago.
I am probably not using the correct term but it is the proceeding available before going to court to try and get agreement maybe called a settlement meeting. In Family Law there is an order of conferences and a slight difference of purpose in each.
1) Case conference
2) Settlement Conference
3) Trial Management Conference.
A judge at conference can not make final orders - usually. Thus it is more of a discussion process.My question is what is the cost of going through this process and am I better to give it away in negotiations.
Expert:  Debra replied 9 months ago.

I understand.

Those conferences are mainly to get the parties to agree. That is for sure. The trial management conference is more for organizing before trial but even there the goal is to settle.

But the judge does not simply tell the parties what a court may do while some judges do that. Mainly they want to limit the issues or settle and could use their expertise to suggest what may happen in court.

The only way to get there is to start a lawsuit.

But what is almost definitely less expensive and also faster is to consider mediation/arbitration. How that would work is that you would hire a professional mediator who would try and get you to settle. If that proves not to be possible you would then (on a different day) go ahead with binding arbitration. That is where the arbitrator conducts a full hearing and then makes a binding decision.

This can only be done if both parties agree to it.

It is expensive as you will have to pay your own lawyer and split the cost of the mediator but it is likely a fraction of what it will cost to go through the full trial process.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
Is there a need for a lawyer at the arbitration and mediation meeting? I am guessing just for the mediator (1/2 day) and the arbitrator ( 1 day ) less than $5000.00 to split???
Expert:  Debra replied 9 months ago.

You should really not self-represent. It is pretty well the same as court.

Many mediators/arbitrators will not agree to someone self-representing.

It will depend on how complex the issues are.

I don't know what your mediator will cost but in most cased they cost quite a bit more than you are suggesting if they are experienced.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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