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To caucus or not to caucus, that is the question

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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Skills for Successful Parenting Coordination

Parents coming to parenting coordination are most often exhausted from their separation process and feel resistant to committing to yet another process that requires further engagement with each other. They may be feeling defensive and guarded, and are likely entrenched in certain behaviours with each other. The role of a parenting coordinator is a supportive role. Parenting coordinating is designed …
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Tips for High Conflict Parents Utilizing a Parenting Coordinator

A Parenting Coordinator (PC) can play a pivotal role in helping high-conflict coparents navigate their relationship in a way that allows them to refocus on the very difficult job of parenting. Here are some tips that to ensure the process has its best chance for success: Set realistic expectations. A PC can, for some coparents, enable a transformative experience that …
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Building Rapport with Your Mediation Clients

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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Ontario SCJ Confirms: A Court Can Order Parents into Mediation, But Not Parenting Coordination.

(Evans v Evans, 2023 ONSC 3919 CanlII)   A recent decision of Justice Lene Madsen highlights many of the issues addressed daily by family mediators, arbitrators and parenting coordinators, and also confirms that the courts have no jurisdiction to order parenting coordination in Ontario. Here is a summary of the decision: It is a 159 paragraph decision resulting from a …
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Tips for Successful Parenting Coordination

It is common to hear Parenting Coordinators (PCs) talk about how tough it is to do this work.  But PC work is tough for the parents too!  I work with many parents who are understandably reluctant to start the PC process. They are coming from a place where their experience with the other causes them to have little faith that …
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The other lawyer is recommending mediation-arbitration but my client is reluctant to ‘lock in’ to an out-of-court option. What is your advice?

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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Is it a waste of time and money to try mediation if we do not settle?

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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