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On March 25, I joined a great group of ADR professionals to discuss the important topic of building an ADR business. Speaking with me at this well-attended Ontario Bar Association event were Katherine Shadbolt, Joe Sullivan, Mary-Anne Popescu and Ray LeClair. We covered a lot of ground in the two hours that we had; here are some of the key …
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Parenting coordination (PC) is a dispute resolution process for parents who have a parenting plan in place and need help communicating with each other, interpreting the details of their plan and working through disagreements about it. Often a PC can help parents agree in a simple meeting to review the language of their parenting plan, working through possible interpretations 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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One of the toughest issues facing parenting coordinators is where one parent accuses the other of child alienation. For PCs like me, who are lawyers and not mental health professionals, it can seem like a daunting challenge. And so I recently attended “Children Resisting Post-Separation Contact: Concepts, Controversies, Assessment and Intervention” led  by eminent experts on the topic, Dr. Barbara …
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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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Being the “new kid” has historically been challenging, whether it’s at a new school, a new job, or moving to a new town with your kids and having to navigate a whole set of new parents. The “new kid” theme has fuelled novels and movies and comedies since time immemorial, capitalizing on that all too familiar discomfited feeling of not …
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What is the difference between Mediation vs. Arbitration? Mediation: Is a voluntary negotiation led by a mediator who does not make decisions. Mediators screen each party first to ensure the matter is appropriate for mediation Mediation can be in person or virtual; in one room or by shuttle between two rooms; and can take place over several days or all …
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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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