The Bluewater Elder and Estates Mediation Process

The Bluewater Elder and Estates Mediation process typically unfolds as follows:

  • The Initial Enquiry: One or more family members inquires about Bluewater Elder and Estates Mediation Services, typically by phone or email. That person sets out what he or she feels the concerns are and makes a preliminary suggestion of about which family members need to be involved to resolve the issue (the Mediator may at any stage recommend including additional family members);
  •  Mediation Agreement: Each family member to be involved in the mediation reviews and signs the Elder and Estates Mediation Agreement to Mediate. A retainer is provided to Bluewater Mediation.
    Click Here for the Bluewater Mediation Elder and Estates Agreement to Mediate Form (coming soon)
  • Client Information Form: Each family member involved in the mediation completes his or her client information form and send it to Bluewater Mediation
    Click Here for the Bluewater Elder and Estates Client Information Form (coming soon)
  • Intake Meeting: Each family member has a confidential meeting, either in person or by phone, with the Mediator (the “intake meeting”);
  • Joint Meetings: Then, family members will meet together for sessions of approximately two to three hours each, to discuss the issues of concern, in an effort to arrive at an Agreement in Principle. Sometimes only one meeting is needed and sometimes several are needed.
  • Progress Notes: After each meeting, the mediator will prepare “progress notes”, which are confidential, setting out the main areas of discussion and any tentative agreements which have been reached. These will be reviewed at the following mediation session. These notes may be shared with lawyers, but cannot be used in Court.
  • Draft Agreement: If family members wish, the mediator will prepare a draft contract or agreement setting out the issues agreed upon in the mediation process;
  • Independent Legal Advice: Each family member consults a lawyer to review the draft contract before signing it, to ensure that the contract meets his or her needs and protects his or her interests. Lawyers may suggest changes.