Author Archives: Avagene Skervin

Caveat: I am no psychologist or psychiatrist. I often tell clients I am not my own surgeon, so I find help where help is needed from professionals. This holds even in the mediation space, where clients may need, as part of emotional readiness, to be provided with counselling or therapeutic care resources to help them get ready for mediation and …
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In some cases, family mediators can have the sense that the forces really driving the conflict— or advocating for resolution— are not in the room. These “non”-parties can be loud, influential and important. How can mediators acknowledge and even include them in the process, directly or indirectly? In particular, how do mediators balance the need to hear all important voices …
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The Mediation Process: Intake Form and Agreement to Mediate Intake Form: Each client is required to complete and submit an Intake Form: This form requires information, including about each party; issues to be mediated; whether the matter is in Court; any existing separation agreement(s); previous Court Order(s); contact details of parties and lawyers; basic employment and income information; information relating …
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As a mediator, helping parties navigate discussions toward settlement involves creating an adaptive process that supports that agenda. The use of shuttle mediation comes with benefits and some possible pitfalls! It is up to a mediator to determine when (timing and circumstances) to deploy shuttle mediation. In part 2 of this two-part series, we will now explore The Pitfalls: Although …
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As a mediator, helping parties navigate discussions toward settlement involves creating an adaptive process that supports that agenda. The use of shuttle mediation comes with benefits and some possible pitfalls! It is up to a mediator to determine when (timing and circumstances) to deploy shuttle mediation. In part 1 of this two-part series, we first explore The Benefits: Shuttle mediation …
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As we commemorate Black History Month, let us not only celebrate the vibrant mosaic and diverse narrative of black history. Let’s consider the importance of supporting and fostering inclusivity in all aspects of FDR practice. In the field of mediation, cultural competence is paramount in ensuring a fair and effective process for our clients. By embracing diversity and pursuing knowledge …
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What is caucusing in mediation? This is a private and confidential meeting between the mediator and one of the parties. When should caucusing be deployed? There is no hard and fast rule about when exactly to caucus as a lot depends on the mediator’s instinct or judgment. A decision to caucus can be used whether you are in the “shade” …
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As family law mediators, we journey into the “guts and bellies” of people’s lives. How do you get mediation clients to trust you? Who wants to air “dirty laundry” to a stranger? How do you get someone to feel comfortable enough to share what brought on the decline of their relationship? Essentially, what led them to you? I have done …
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