Mediation

Kimberly Whaley and Bryan Gilmartin, jointly or individually, mediate estate, trust and fiduciary disputes including in the areas of capacity, undue influence, powers of attorney, guardianship, fiduciary accountings, predatory marriages, dependant support and ancillary related areas.

Kimberly Whaley is a trained and experienced mediator. In addition to participating in years of mediations both as counsel and as mediator, Kimberly received certification through the Institute for Conflict Management in 2008. She was inducted into the Ontario Chapter of the Canadian Academy of Distinguished Neutrals, Ontario Branch in December 2021. Bryan Gilmatin has been mediating with Kimberly since 2019.

To discuss your mediation requirements, check conflicts, arrange dates please contact Kimberly directly at (416) 355-3250, or Estate Clerk, Bibi Minoo at (416) 355-3251.

In estate litigation emotion and principle often contribute to intransigence and entrenchment in positions. Under such circumstances, legal and professional costs can accumulate exponentially. Mediation is an effective tool to a more expedient, efficient, and costly resolution which is client based and client controlled. As a neutral subject matter specialist, Kimberly assists in the facilitation of resolution.

Kimberly conducts mediation of disputes throughout Ontario including in the following areas:

• Wills, Estates,& Trusts
• Breach of Fiduciary Duty
• Wealth Succession
• Succession Law Reform Act disputes including intestacies, and Dependant Support Claims
• Passing of Estate, Trustee, Attorney, Guardian and Fiduciary Accounts
• Capacity Proceedings
• Guardianships
• Power of Attorney Disputes
• Elder Financial Abuse
• Solicitor's Negligence

Mediation Resources

Paper: Best Practices in Estate Mediation and Documenting the Settlement, The Essential Guide to Estate Dispute Mediations: Unique Challenges, Creative Solutions for Lawyers, Kimberly A. Whaley, September 29, 2022

Checklist: Preparing for an Estate Mediation

Checklist: The Do’s and Don'ts of Mediation

Publication: "Mediation Confidentiality and Settlement Privilege", by Kimberly A. Whaley, Money and Family Law, Issue 36-3, March 2021

Publication: “Resolution of Estates and Trust Disputes: Mediation and Alternative Dispute Resolution in Canada” - Kimberly A. Whaley, The International Academy of Estate and Trust Law, Oxford University Press, Trust & Trustees, February 2020

Publication: "The Essential Guide to Estate Dispute Mediations: Unique Challenges and Creative Solutions for Lawyers", by Kimberly A. Whaley, The Advocates' Quarterly, Volume 50, Issue 2, October 2019

Paper: Tips and Tools to Enhance an Estate Mediation, Kimberly A. Whaley, April 29, 2019

Paper: Why Mediation Works, , November 2014

Paper: Mediation -- The Better Way In Estate Disputes, Brian Wilson and Kimberly A. Whaley

The Advocates' Quarterly paper reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited.