Never daunted by a reasonable challenge, I tried to up my game and give of my 2,000 plus mediation experience to the audience of paralegals and legal assistants. There were two points that I raised in the talk which I would like to under-gird here and many others that I will include in subsequent posts.

1. There is nothing wrong with there being different viewpoints in a mediation or generally, provided that the end result is not destructive, harmful or violent. Debate and point counter-point are important in our society and in our disagreements. The constructive result of different concepts is that creativity thrives on debate and ideas and a monotone world can be stagnant and unhealthy. Perspective expressed in an intelligent and mannerly way can help make mediation a very informal and useful way of resolution without the need to cross the court-room threshold. Express your perspectives but also listen to the other side. When that is accomplished, put an ear to the details of how to come to a consensual conclusion. Invariably, the end result with benefit both sides.

2. Tell the Story. I explained to the audience that one of the most effective things counsel can do in a mediation is tell a story with clarity and direct links to the evidence and the facts. As the opposing counsel hears a concise and clear version of matters they will advise their client that if the story is told in a similar fashion at trial, the adjudicator will apply the story to the law and if it fits, there will be a favourable decision for the storyteller. To my gratification, Mr. Justice Leask stated early in his talk that the previous speaker, in reference to story telling in mediation and litigation was right on the mark.

Maybe I should start doing litigation again or perhaps that was plateau point!

Author

J. Bryce Jeffery

The post Mediation Brief appeared first on MBJ Law.

As a provider of conveyancing services and wills, I find, surprisingly, that many people will make decisions on the use of our services based on price. If you step back and consider whether you would make an important decision concerning your estate or the purchase of your home on whether you could save twenty-five or fifty dollars, you might say no. You might, instead of being overly price-sensitive, go to the practitioner of your choice, and the reasons for that choice, would include reputation and other salient criteria that suggest your work will be done to your satisfaction.

Nevertheless, price is what it is, and yes, one can always use it as a means to obtaining work, as we have a free market, and price freedom is an important part of a democratic society.

However, if you can charge reasonable fees and do not want to be looking over your shoulder to compete with price sensitivity as a grounds for work intake, do what all successful lawyers do at trial; tell a story; tell your story. This does not exclude social media and other means of publicity, for telling your story in an empty barn, may as the old adage goes, be no noise at all. Therefore, with good taste, tell your story and hopefully the work will follow.

In court, the relating of what happened, will, if backed by evidence and a reasonable submission, receive favourable attention from the judge or jury. The Honourable Mr. Justice Leask told me as much last week. We all like a story, particularly if it conclusively progresses before we lose interest, and if in an entertaining way, it leaves us more enlightened, either in our imaginations, or in the storehouse of our analytical minds. If a bicycle retailer explains in their advertising, their history, the kind of work they do and even any customer satisfaction comments, then, they have provided a reasonable platform for a prospective customer or client to make a decision.

Story telling is bi-useful. We need to tell our story to get the work and then, for those of us in a persuasive or selling industry, we need to tell the story of our client or product to allow their rights to be protected or for our products to be well known and in demand. All of us who are in business, need our stories to be upfront, transparent and reasonable. Only then we can make a decent living and maybe vacation in Maui. At least that the way it should work!

Author

J. Bryce Jeffery

The post Story Telling appeared first on MBJ Law.

The warning I sound here is; there must be some degree of respect and patience provided for in a meeting or a mediation. I have mediated many disputes where as one party talks about the subject, another in the room becomes expressive of their disagreement with the message, or their impatience with the length of time the message is taking. Raised eyebrows, outbursts of expelled air and disturbed facial expressions can verge on bad manners.

One of the very cool aspects of training to be a lawyer is the understanding that everybody has their turn to communicate, and if the information is false or tedious, there will be a time and place for rebuttal. If the information is redundant, a polite interruption may be appropriate to indicate that that material had already been reviewed. As always, good judgment is important.

Addendum to non-verbal communication–

After completing my post on non-verbal communication, I began to focus more on the positive and constructive aspects of this form of exchanging information.

While the negatives are obvious and often creations of emotion, the craft of the constructive, is born out of a sub rosa style wit, that covertly, but accurately delivers a message to an intended party. A glance at your watch (Alex Ferguson of Manchester United) while catching the attention of the recipient of the message(referee) or any type of body language that delivers a message without engaging the whole room or disrupting the flow of anyone else’s communication moment, can lead to important directions to enhance the momentum or the value of dialogues.

In caucus, parties and the facilitator often assess the progress of a particular direction and make adjustments as necessary. With NVC, the potential is there to make some of these tweaks while the meeting is ongoing.

In a sophisticated mediation, the mediator should be able to discern the nuances of nonverbal signals and quickly incorporate their significance into the facilitative task at hand.

Author

J. Bryce Jeffery

The post Nonverbal Communication – Mediation Brief appeared first on MBJ Law.

Author

J. Bryce Jeffery

The post The Basics of Real Estate Conveyancing appeared first on MBJ Law.

The best option when dealing with real estate sales in Langley is to have a lawyer ready to work with your realtor and help ensure any offers, contracts and contingencies are reviewed and in good order before you sign the deal. Having a real estate agent and a lawyer working together as two dedicated professionals working in your best interests will help ensure that your purchase or sale of your townhouse or condo in Langley go smoothly.

By having a good relationship between lawyer and realtor, the final closing and any issues that arise after can be referred to the “team.”

For an optimum real estate experience, have your realtor put MBJLaw on the team. Contact us to learn more about our real estate conveyancing services.

Author

J. Bryce Jeffery

The post Lawyers & Realtors in Real Estate Law appeared first on MBJ Law.

Disputes often appear when parties struggle with who is in the right or who wronged whom.

While there are guidelines under the principles of the rule of law which includes both substantive and procedural rules, the average person who feels aggrieved, can benefit from these practices:

• Discussion in a calm, sensible manner.
• Negotiation to resolution
• Facilitated Negotiation (mediation)
• Civil litigation – Civil Resolution Tribunal,
• Small Claims or Supreme Court of BC
• Arbitration – see arbitration services online

The only process where you really should have a lawyer, is an action in the Supreme Court of BC. However, good advice from a lawyer or trustworthy friend can assist in helping with any of these methods of dispute resolution.

If you find the dispute is getting elevated and you can’t quite settle your differences on your own, MBJ Law specializes in disputes and moderations. Contact us to learn more about how we can assist you.

Author

J. Bryce Jeffery

The post Resolving a Dispute appeared first on MBJ Law.

The sale of your house or other property enters the legal field for several reasons:

• The sale documents must be witnessed by a lawyer or notary
• The financial adjustments including taxes, and water and sewer must be reviewed and explained to the seller
• The receipt of monies is done on professional undertakings that allow for registration and release of funds to occur on the same day
• Mortgages usually need to be discharged to provide clear title to the purchaser and this can only be done through the same undertaking procedure
• The lawyer must pay the appropriate money to the bank and follow up with documents to have the seller’s obligations are cleared 

There are certain procedures that can only be done by a lawyer or notary when it comes to real estate law in Langley. If you’re looking for a local, friendly lawyer to complete these tasks with you, we have experience in completing the conveyancing process with real estate agents. 

Author

J. Bryce Jeffery

The post Selling Real Estate in Langley appeared first on MBJ Law.