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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Author Archives: Hilary Linton
What Interpersonal Skills Do Family Arbitrators Need to Cultivate?
What Administrative Skills do Family Arbitrators and Parenting Coordinators Need?
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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Getting Your Family Arbitration and Parenting Coordination Agreements Right
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 Intimate Partner Violence and Power Imbalances in Parenting Coordination and Family Arbitration
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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Pre-Process Competencies in Family Arbitration
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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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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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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