Mediators are trained to help spouses negotiate a settlement. The Mediator’s job is to ensure that both parties’ views are heard, and help you reach a global settlement that best suits your family’s needs and priorities. Mediators are neutral, meaning they cannot take sides or pressure anyone to agree to anything. Your Mediator will create a safe space for you and your spouse to have challenging conversations. Your Mediator will help you and your spouse have respectful, productive negotiations and ultimately reach a global settlement.
What does a mediator do?
No. Your Mediator cannot provide either of you with legal advice, but will provide you with legal information, and based on experience, will help you both work your way through the negotiation of your global settlement.
Your Mediator can prepare a Memorandum of Understanding outlining the terms of your settlement, or because all of our Mediators are family law lawyers, we can prepare a draft Separation Agreement. You will each need your own separate family law lawyers to provide each of you with Independent Legal Advice about the terms of your global settlement and/or Separation Agreement.
You may choose to have your lawyers present in Mediation, or you may choose to attend without lawyers. Attending without lawyers is often less expensive, although it is important to obtain Independent Legal Advice before signing a Separation Agreement.
Do mediators replace lawyers in the divorce process?
A Limited Scope Retainer allows us to provide Unbundled Legal Services for only the parts of your legal matter you need assistance with. We are happy to provide our services under a Limited Scope Retainer to help people access the resources to help navigate the Family Court system.
We will enter into a written Limited Scope Retainer Agreement with you that clearly outlines the nature, extent and scope of the legal services that you specifically want us to provide.
What is a limited scope retainer?
Limited Scope Retainers can include any of the following:
- Family Court Documents: Preparing, or Reviewing and Amending Court Documents, such as Applications, Answer and Counter-Application, Case Conference Briefs, Settlement Conference Briefs, Cost Submissions, Factums, Motions, Affidavits, and more.
- Reviewing letters from your spouse’s lawyer and preparing a response on your behalf or provide advice on how to respond
- Assisting you with settlement negotiations
- Conducting Legal Research
- Attending as Agent at Motions, and Conferences (but not for the entire Court process)
- Coaching you for your Court appearance as a Self-Represented Individual
- Assisting you to prepare a Net Family Property Statement
- Reviewing financial disclosure to assess whether or not the disclosure is sufficient
- Explaining what to expect at each stage of your case
- Providing you with Independent Legal Advice (ILA) on Mediated Separation Agreements, Marriage Contracts, Cohabitation Agreements, Parenting Agreements, and more
You decide what you need help with to achieve your goals. If you just need an hour of a lawyer’s time, we are happy to help you. Bring your list of questions. We will answer your questions and help you make a plan. It’s up to you if you want further assistance from your lawyer in our office or if you’ve got what you need to take it from there.
Your first step is to call our office and speak to one of our Team members at 905-290-1965 or email office@nachlaw.com.
What do limited scope retainers include?
We thought it would be helpful to offer access to our law clerks and law students to people who would benefit from this type of help.
Lawyers don’t do it all on their own. We get help from our law clerks and law students. We always strive to save our clients money on legal fees. In our firm, our policy is that the lawyers should do what only lawyers can do, and delegate the rest to our law clerks and law students.
Our law clerks and law students help us with document and Financial Disclosure Brief preparation, Court filings, and so much more. They would be happy to help you too. Our law students were born to do Family Law. They are really close to being called to the Ontario Bar and are super keen to get as much experience as possible under the mentorship of our lawyers. You save money on legal fees ($175.00 to $225.00 per hour, on a prorated basis if applicable). It’s a win-win!
What is a virtual law clerk?
A will is a written document with instructions about how to distribute your assets upon your death, who will administer your estate, and who will be a guardian for your children who are minors. People generally have to be 18 or older and be of sound mind to make a will. The will should be updated dependents of their own. You can appoint your adult children as your trustees gift directly to grandchildren.
If you don’t have a will at death, probate procedures are more complicated, and the distribution of assets is determined by legislation in the jurisdictions where you may live and own assets, which may not be what you want. Also, a lack of will may prompt inter-family strife as family members argue about your intentions, which are not set out in writing. No guardian will be named for your minor children. The court appointed administrator will not have the broader Trustee powers normally included in a will.
What is a will, & why do i need one ?
Wills generally fall into two categories: “mirror” spousal wills and individual wills. “Residue” means the assets left over after debts and taxes are paid, and/or what is not disposed of in other ways (for instance, joint assets go to the surviving owner, and some assets, such as life insurance policies, allow you to list beneficiaries directly on the assets). We offer very reasonable flat fees for basic mirror spousal will packages and individual will packages. Basic wills include provisions for the appointment of two estate trustees, either acting together or one primary and one substitute; one guardian for minor children; bequest to spouse and children of the marriage; and specifying the preferred age of inheritance. Our basic wills packages do not include specific bequests of assets, disaster provisions, funeral instructions or organ donation and/or discretionary trusts. We can also prepare more complicated wills and secondary corporate wills, at additional cost.
We usually schedule the first appointment for estate planning (about 45 minutes) to obtain the information we need to prepare your will and powers of attorney. We schedule a second appointment for signing of the wills and powers of attorney (there are two kinds of powers of attorney: Continuing Power of Attorney for Asset Management/Property, and Power of Attorney for Personal Care/”Living Will”). We prefer to schedule the will signing appointment about one week after the first appointment.
You may wish to consider who will act as an alternate trustee (executor) if your primary trustee is unable or unwilling to fulfill the role; a guardian for the children (not necessarily the same person(s) as the trustee); and whether you wish to have a “disaster clause” that dictates how your estate will be distributed in the event of a disaster (death of all immediate family members). For the powers of attorney, you must select a primary attorney and a substitute.
Our most cost-effective wills and powers of attorney package is the spousal wills package, which includes two mirror spousal wills, two powers of attorney for property and two powers of attorney for personal care. This is approximately 50% of standard market rates. We can prepare a will package on a “rush” basis, and we can visit a home, hospital or nursing home for will signing if necessary (additional costs apply).
We ensure that the original documents are delivered to you, where they belong, upon signing. We do not keep the original will and powers of attorney. We keep copies in our files for at least seven years (as required by the Law Society of Upper Canada), and we scan your documents and save them on our server indefinitely. We can explain this in detail when you schedule your appointment or when you meet with the lawyer.
How is the will set up?
A power of attorney is a document in which you appoint one or more people to act on your behalf in case you lose the legal capacity to deal with your own affairs.
The Power of Attorney for Asset Management/Property gives the person(s) appointed the right to do everything you can do, in your place, except make a Will. The Attorney is supposed to spend your money only on you and your legal obligations (like supporting your children), but there is no formal supervision of the Attorney. That said, your Attorney should keep an “accounting” with respect to the management of your financial affairs. You can end (revoke) a Power You may well ask, given the potential for abuse, why should you have a Power of Attorney? The answer is that you, even if you are a young adult, could potentially lose the ability to deal with your own affairs through illness or accident. If you don’t have a Power of Attorney, and you become incapacitated, the government in your province (the Public Guardian and Trustee (PGT) in Ontario) will step in and manage your affairs, even if you have a spouse and/or family members who are ready, willing and able to do so. After, Application procedure made by your spouse or other family member, the Public Guardian and Trustee may appoint one or more individuals to manage your affairs. This costs money, because the government usually charges for the management services, and there may be a cost involved in the appointment of an institutional trustee or administrator to manage your affairs. There may be inter-family conflict as to who should act on your behalf and/or what should be done. The person chosen to administer, on your behalf; your affairs in the absence of a Power of Attorney for Asset Management signed by you; may not be the person you would choose.
Continuing Power of Attorney for Asset Management
What is this and why do I need one?
A Power of Attorney for Personal Care/Living Will is a document in which you state who can make decisions effecting your health and personal care if you are incapable of doing so. That can include giving or withholding consent to medical treatment, housing, food, hygiene, clothing and safety. Also, if your feel strongly that you would not want to remain alive in a vegetative state for any extended period of time, these instructions should be stated in a Letter of Wishes that forms a Schedule “A” to the Power of Attorney.
As with the Continuing Power of Attorney for Asset Management, if you do not have a Power of Attorney for Personal Care/Living Will, the government agency, the Public Guardian and Trustee (PGT) in Ontario, may step in and take over decision- making regarding your health care, even if you have a spouse and/or family members that are ready, willing and able to do so. After an Application procedure (which is about one (1) year) made by your spouse or other family member, the Public Guardian and Trustee may appoint one or more individuals to manage your health care, act on your behalf and/or make decisions about your health care. The person chosen by the PGT to manage your health care may not be the person you would have chosen. Overall, it is generally preferred that you take care of appointing your caregiver yourself, and provide instructions of your philosophy and beliefs regarding heroic measures so that if you do become incapacitated at any time during your life, your wishes will be carried out without interference or objection.
Power of Attorney for Personal Care – otherwise known as “Living Will”
We also do Probates (now called Application for Appointment of Estate Trustee With or Without a Will).
Probate is the procedure by which the trustee(s) or executor(s) that you have named in your will is given a certificate by the Estates Office that enables him or her to administer your will. The term “probate” is still used, but the official name is Certificate of Appointment of an Estate Trustee with a Will, or a Certificate of Appointment of an Estate Trustee Without a Will.
PROBATE
If you die without a will (intestate), probate procedures are more complicated, and the distribution of your assets according to legislation may not be what you want. The lack of a will may cause conflict between family members if they argue about your intentions. Often the greatest cause of concern is that there is no guardian named for the deceased’s children and/or no one chosen to manage finances for children who are minors. A court-appointed administrator will not have the broader trustee powers normally included in a will.
What happens if I die and I didn’t make a will?
“Settle amicably if we can. Fight for you in Court if we have to. By your side.”
At Nachla Law Office, we specialize in all aspects of family law. We know that going through a separation or divorce can come with a lot of uncertainty, frustration and sometimes even trauma. We understand that the people that come to us for help are often anxious, hurt, and looking for guidance and support. We are here to guide you through your Family Law matter with care and professionalism.
We will listen to your concerns and needs, answer your questions, make sure you understand your options, and protect your rights. We firmly believe in resolving disputes in alignment with your objectives.
We are client-focused and will educate you on the process options available to you and which one will meet your family’s unique needs. We will work with you to understand and tailor our services to address your concerns and help you meet your goals.
Our lawyers and staff will work with you to reduce the financial and emotional stress of separation and divorce. We are ready to support you and advocate strongly on your behalf so as to protect the current and future wellbeing of you and your children. We will help you plan your family’s future by giving you solid legal advice every step of the way. Our main goal for our clients is to minimize the conflict now and in the future and to help them resolve their differences fairly, respectfully and with dignity.
NEXT STEP: INITIAL CONSULTATION
We offer a personalized consultation (in-person or virtual) to understand your unique situation, concerns, and goals. This allows us to provide you with the information and advice you need for important decisions about your future.
How It Works:
Initial Contact: When you call, our team will ask questions to understand your matter, conduct a conflict check, and schedule your consultation with the best-suited lawyer.
Intake Form: Before the consultation, you'll complete a form to provide us with necessary details about you and your family.
Consultation: During your meeting, we’ll review your intake form, discuss your family situation, and offer valuable information to navigate the family law landscape. You'll receive honest advice and a clear plan to move forward.
What to Expect:
Team Approach: Though you may meet with one lawyer, our team collaborates, ensuring another lawyer can step in if needed—at no extra cost.
Flat Fee: The one-hour consultation is offered at a reduced flat fee with no obligation to retain our services. If you do, the consultation fee will be credited to your first invoice, making it effectively free.
Preparation:
Whether you come with a list of questions and documents or nothing at all, we’re here to guide you. We'll ask the right questions to understand your needs and provide the advice you require.
For more information or to book a consultation, contact us at 905-290-1965.
PROCESS OPTIONS
Helping Your Family Move Forward with Dignity
We define success in Family Law matters as making a plan that allows our clients and their families to move forward as quickly and cost efficiently as possible. We encourage respectful and amicable settlements that are fair and that help our clients rebuild their lives with dignity. We work with our clients, lawyers and other professionals to find practical solutions. In our consultation, we will talk about the different process options in family law available to you so that you can choose the option that will be most efficient and productive to your family. The process option you choose can significantly impact the outcome.
