Jobst Bode

Types of Unbundled Services Offered

• Initial consultation

• Providing a legal opinion

• Drafting pleadings or other documents

• Reviewing/organizing/listing documents

• Drafting contracts / agreements

• Coaching

• Negotiating

• Providing legal advice before, during or after mediation

• Representing a client at mediation

• Providing independent legal advice on an agreement or MOU coming out of mediation

• Drafting agreement coming out of mediation

• Advising on courtroom procedures, behaviours

• Advising on rules of evidence

• Preparing exhibits

• Preparing submissions or briefs

• Making a one-time court appearance

• General support and coaching

Approach to Providing Unbundled Legal Services

Services are fitted to each client's particular needs. Basically, I am available as a resource to consult on strategy, choosing a court, framing a file, rescuing a file, approaching particular issues, court procedures, preparing documents, preparation for court, mediation,or negotiation, and communicating with the other party or their lawyer. Normally, the client will carry out the task at hand after discussing the matter; for example, preparing a chambers application, financial statement, etc., and I can review those if asked. Much of the help I can offer a client is to better understand how the courts, or a mediation process, work; and to distinguish between what is important and what is not, thereby giving their efforts focus and avoiding the many rabbit holes that can take a file sideways, or needlessly escalate both emotions and the litigation. If asked to do so, I can attend court for the client, or attend a case conference with the client. I am also available by text or email if the client is in court by him or her self. The benefits to the client include saving the cost of a lawyer doing all the work, proceeding by themselves on an informed basis, being able to better identify settlement opportunities when they occur, and having the support of counsel readily available as and when needed.

Mediation

• Has family mediation training

• Acted as counsel in more than 30 mediations in the last 5 years

• Acted as mediator in 5 or fewer mediations in the last 5 years

Approach to Supporting Clients in Mediation

I use case conferences as much as possible, both in Supreme and Provincial Court, where the judge acts as mediator. If nothing else, my attendance can reduce power imbalances. I coach clients on the process beforehand and encourage them to avoid the "blame game", or at least how to deal with it if it arises, and focus instead on finding solutions to resolve the immediate issue at hand. This often arises in parenting arrangements, but support and property issues can be resolved as well. Sometimes the agreements are interim; for example, the parties can try out parenting arrangements for a few months and see how things go, and then come back and review them. Or they can be final, for instance, if the parties agree on a disposition of property. It can often found be helpful to set a case conference instead of bringing a chambers application. In an out of court mediation with a professional mediator, I undertake a similar briefing/coaching process beforehand and try to help the client define the issues without becoming entrenched or committed to any particular solution. I can also alert them on how to deal with power imbalance issues and high conflict adversaries. Usually, they are able to attend the mediation session without counsel and participate effectively; I can be available during the mediation by text if needed, and am available afterwards to review matters and consider how to proceed for the next session. At the end of the day, if the client reaches an agreement, it is theirs, and they will be signing it on an informed and confident basis.

Cultural Diversity Experience

I have dealt with clients from the many cultural backgrounds we encounter in Vancouver every day, and have developed an awareness of unique cultural imperatives. For example, sometimes solutions may involve a need to save face, or issues may be informed by shari'a law, or there will be another element present. The important thing is to be alive to these factors and utilize approaches that respect them. In some cases, it is also helpful to include a translator in any formalized process, such as court or mediation, to ensure the client fully understands what is taking place.