Michael Welsh

Michael Welsh Dispute Resolution Services

Vancouver, British Columbia V5K 0A1

250-492-2425

Accident, Alimony, Asset Distribution, Child Custody, Commercial, Construction, Contract, Divorce, Domestic Relations, Family, Inheritance Disputes, Marital Property, Personal Injury, Trusts and Estates


Mediator, Arbitrator & Trial Lawyer

A lawyer since 1981, a mediator since 1997 and an arbitrator, Michael Welsh grew up in Summerland and has strong roots in the Okanagan Valley. He received his bachelor’s degree cum laude in philosophy from Cornell University in New York in 1975 and his law degree at UBC in 1980. After graduation he worked as a law clerk for the Supreme Court of British Columbia and then joined one of Vancouver’s most prestigious law firms, learning his craft from some of the top legal counsel in the province. He has been a partner in law firms in Vancouver, the Sunshine Coast and Okanagan Valley. He has extensive courtroom experience in many areas of law, from the most serious criminal law cases for both defence and prosecution, to personal injury claims, complex family problems and a wide range of other civil litigation.

Michael Welsh is a Qualified Mediator, Qualified Arbitrator and a Certified Family Arbitrator, certified by the Law Society of British Columbia to conduct family arbitrations and mediations. He is a regular author of articles in legal and dispute resolution journals and is past Chair of the Editorial Board of BarTalk, a major legal publication in BC published by the Canadian Bar Association BC Branch.

Recognized by the profession, he currently serves in elected positions as:

  • Secretary-Treasurer of the Canadian Bar Association (C.B.A.) BC Branch
  • Vice-President of the British Columbia Arbitration and Mediation Institute
  • >Executive Member of the National ADR Section of the C.B.A.
  • Executive Member of the National Criminal Law Section of the C.B.A.
  • Past President of the Penticton & District Bar Association.

Mr. Welsh has frequently lectured at continuing education programs for lawyers. As a lawyer, he has the ability to listen carefully and grasp a problem, then build a strong case for his clients. He is listened to by judges. As an arbitrator and mediator he has successfully assisted many parties in legal disputes to find an accepted resolution to those problems.

Alternative Dispute Resolution (ADR)

Is there a way to resolve a legal problem without all the time and expense of taking it to court? In a word, yes.

Why?
It’s pretty common knowledge that B.C.’s court system is seriously backlogged and this contributes in large part to much of the time and expense of pursuing legal action.
For a great many legal matters, however, there is another way to resolve them. Called Alternative Dispute Resolution or ADR, it encompasses two methods, mediation and arbitration. We will deal with mediation here – for information on arbitration click the link.
Who?
In mediation the disputing parties appoint a third-party neutral mediator specially trained in dispute resolution and knowledgeable in the subject matter involved in the dispute. Lawyers for the parties can be present or consulted at any time. The mediator does not impose a solution, rather facilitates the discussion to help the disputing parties arrive at a mutually agreed settlement.
More information on mediation can be found at the BC Government website: http://www.ag.gov.bc.ca/dro/mediation-in-bc/index.htm
What?
Mediation has been successfully used to resolve disputes involving a wide range of issues, from family law matters such as maintenance, child support, custody and access, asset division, injury payments, insurance disputes, workplace matters, various commercial or business matters and a great many others.

Where?
Mediation is becoming a much more common way to resolve legal disputes without resorting to the courts, thus speeding up the process. Because it takes place outside of the court system it also reduces the expense.

Mediation also offers the parties other benefits:
It’s your decision — The parties involved in a dispute have to agree to the settlement it must be acceptable to them;
Focuses on the problem, not the people —Personal feelings or emotions often become entangled with the legal issues. A skilled mediator can help to separate the personal dimension from the actual issues in dispute.  Tension is reduced and a resolution is more achievable;
Knowledge of the matter — The mediator`s knowledge of the matter in dispute and the relevant legal issues can assist the parties to clearly understand the facts of the situation;
Relationships can be preserved — It is quite common that the people involved in a dispute may have to continue to deal with one another in some way after the dispute is resolved. Mediators try to avoid polarizing the parties, thus mediation can help to preserve continuing relationships.
Time — A mediation can be organized and commenced in a much shorter period of time than a court case and the resolution of the problem can be arrived at more quickly;
Expense — By resolving a dispute quickly, people can save time and money and reduce emotional stress;
Privacy — Mediation takes place in private. A court case does not. Details of the dispute and resolution are between the parties and need not be publicly disclosed;
An open atmosphere — The informal setting and atmosphere of mediation can improve communication between the parties and avoid the tensions and stresses of an adversarial process;

The Mediator’s Training
Mediators are specifically trained to lead the process to a successful conclusion. Their training teaches them how to deal with difficult situations. A mediator is also trained to be a neutral facilitator and act as a guide to the parties to arrive at a satisfactory solution and to use his knowledge and experience to develop a workable resolution.

Find Out If Mediation Is Right for You
Contact my office or email me for a free consultation on the specifics of your situation.

CBABC Announces 2016/17 President, Michael Welsh

Michael Welsh, Q. Arb., C. Fam., Arb., ACIArb
203-383 Ellis Street
Penticton, BC V2A 4L9

P: 250-492-2425
F: 250-492-2451
E: [email protected]