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Mediation-arbitration is a great process option for many, especially with the current backlogs in court. We can move a case forward or manage a case efficiently so that the matter is dealt with in a legally appropriate manner. But it is not the right choice for everyone, and that is why we meet each party first to assess suitability. There …
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Some separating couples are worried that mediation will just be a waste of time, money and energy. This is an understandable concern. It is why we meet each party first, in confidence, to assess whether the matter is suitable for mediation. There may be reasons why mediation is premature, like the emotions are too fresh, disclosure is not complete, or …
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A little-known relatively-new Family Law Rule offers litigants a great opportunity to save time and money. Under Rule 17 (7.1), litigants will be able to skip a case conference if they have attended mediation and met the other requirements of the Rule. Here is what you need to know! The parties will need to tried to resolve their issues with …
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Are lawyers being replaced? Not so fast! Could ChatGPT fill gaps in the arena of access to justice? Cautiously, yes. Could it contribute to efficiency? Perhaps! Can it successfully level the playing field for self-represented litigants? Not yet! The reticence in my answers should not be surprising. ChatGPT has been around for a mere four months. While any help we …
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Exploring mediation can move your case forward through the litigation process.. in more ways than one. Prior to the March 1, 2021 Divorce Act changes, lawyers had a duty to inform clients about mediation facilities. The Divorce Act changes now places a duty on lawyers to encourage clients to attempt to resolve matters through a family dispute resolution process. There is also a duty on …
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The recent decision of Davies J. in Lange v Lange & Tait (2022 ONSC 6412) is a good example of how child-focused mediation can help parents resolve disputes in the best interests of the children. Ms. Lange and Mr. Tait had a child together as a result of a brief relationship. By the time the child was born, Ms. Lange …
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A recent decision by Shore, J., in Czyzewski v Fabro (2022 ONSC 4883) is a helpful guide for family mediators and arbitrators when helping parents determine the best interests of a very young child. The case is about a father with relatively limited parenting time seeking a week-about parenting schedule. The father was unable to accommodate a different time-sharing arrangement …
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co-authored by Hilary Linton   We often work with parties who are unrepresented or whose counsel do not attend the mediation. This places added pressure on mediators to remain current with the law. The recent case of Craig v Niro (2022 ONSC 5178) is an instructive primer on the law of child support and s. 7 expenses for a child …
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