Author Archives: Avagene Skervin

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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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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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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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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Family mediation is here to stay as a viable alternative to dispute resolution. Be it court-connected or private mediation, the process is successful for so many reasons, including timely resolution and interest-based settlements. Although mediation is not mandatory, recent Divorce Act changes require that clients be encouraged to explore resolutions through a family dispute resolution process, unless it is not …
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