Blog

Hilary Linton: Approved Parenting Coordination Service Provider in Saskatchewan.

Parenting coordination is a valuable conflict resolution service for parents who disagree about the details of their parenting plan. And it is in demand; at Riverdale there are four of us offering this service. In Ontario, parenting coordination exists as a voluntary dispute resolution option for parents. Aspects of the process are marginally (but importantly) regulated by law— namely the …
MORE

Latest Developments in Parenting Co-ordination law: More Case Law

This is part two of a two-part series. It was originally published on August 31, 2022 by The Lawyers Daily.  To view part one, click here. By Hilary Linton and Borzou Tabrizi.   With court delays limiting options for parents who have child-related disputes, parenting co-ordination is increasingly an appealing alternative. In part one, we gave a brief outline of …
MORE

Latest Developments in Parenting Co-ordination Law

This is part one of a two-part series. It was originally published on August 29, 2022 by The Lawyers Daily. In part two, we will provide more case law regarding parenting co-ordination.   By Hilary Linton and Borzou Tabrizi.   With court delays limiting options for parents who have child-related disputes, parenting co-ordination is increasingly an appealing alternative. This series …
MORE

What exactly is family mediation?

“What helps to resolve family cases? In examining which cases ultimately resolved, what seems most important …was how willing (the parties) were to accept the family dispute resolution paradigm and how able they were to uphold it— given their perspectives and circumstances.”[1]   The summary above, from a study published in the most recent issue of the Family Court Review, …
MORE

Is it confidential? Is it binding? A recent case answers common questions about mediation

A recent decision of Justice A. Himel of the Newmarket Superior Court of Justice is instructive for family mediators, parties seeking mediation services and their lawyers. Butler v Butler addresses the question of mediation confidentiality, and whether an unsigned Memorandum of Understanding (MOU) can be enforced as an agreement. After a long day of closed (eg/confidential) mediation, the mediator dictated …
MORE

Family Arbitrators: Protect Your Deductible and Screen Well!

Screening is the first step in all family mediation, collaborative law and arbitration cases. The purpose of screening is to ensure that the parties and the process are a good match. There are two options for doing it well. Either the mediator (or mediator-arbitrator) meets separately with each party, or an independent third party meets them both and provides a …
MORE

Conduct Unbecoming

In a recent case, a judge of the Superior Court of Justice outlined certain behaviour of a respondent-husband that had a real impact on costs. I will concentrate on the behaviour because, during my years on the bench, I was always surprised by lawyers and their parties who were oblivious to the impact their conduct, both prior to and during …
MORE

Farmer v. Farmer*: Nine Easy Steps to Being a Better Arbitrator

Make sure your equipment is working. An ‘honest’ admission about equipment failure leading to defective reasons is not the kind of honesty you want to be known for. Avoid stark characterizations of the nature of the evidence. Doing this makes it look like the arbitrator either did not understand the evidence or did not take the time to consider it. …
MORE