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The ability to control the process in a manner that fosters professional respect among all involved, to communicate effectively and to empower others to do so is crucial in family arbitration. More so even in parenting coordination. As important as it is to know and correctly apply the law, having effective communication and procedural skills is as, if not more, …
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The ability to organize and conduct the practice of family arbitration in an efficient and effective manner goes a long way towards maintaining a successful practice. Having strong and standard operational protocols, good organizational habits and technological competencies should be part of every course in family arbitration. We cover these topics and more in the first module of our 40-hour …
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Ontario parenting coordinators (PCs) and family arbitrators want to ensure that their process agreements meet the requirements of the Arbitration Act, the Regulation under it that governs family law adjudication and the Family Law Act. How can they do that? Although not required by Regulation, it is recommended that anyone who is providing private family law adjudication be trained in …
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Screening for family violence and power imbalances is not only required by the Regulation under the Arbitration Act, it is also the best way for family arbitrators and parenting coordinators to get to know what clients need from them. To maintain their basic competencies, every parenting coordinator and family arbitrator should: stay compliant with Ministry of Attorney General training requirements …
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Disclosure to prospective clients about the costs and benefits of family arbitration and provision of pre-process steps: plain-language information on website or elsewhere about costs, risks and benefits of private arbitration accessible formats of Q&A, process agreements and general information disclosure of governing Standards of Practice disclosure and explanation of pre-process requirements awareness of duty to assess whether case is …
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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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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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