Author Archives: Hilary Linton

We recently surveyed our family mediation and parenting coordination clients. Too often we are focused on the day-to-day pressures and challenges of each file. We don’t take enough time to ask “how did I do?” or to say “thank you!” The results were both rewarding and informative. Here is a summary of what our clients had to say about our …
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I recently was interviewed by Dr. Roisin O’Shea, the Chair of the Irish Professional Mediators’ Organisation. (IPMO) The interview was one of several commemorating International Mediation Awareness Week. It is fascinating to learn the different ways jurisdictions tackle the access to justice and court backlog challenges of our times. And to see how the way in which family mediation has …
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This is part one of a two-part series, originally published in The Lawyer’s Daily on October 18, 2022. By Hilary Linton and Lindsay Kertland.   It is common these days for lawyers to recommend to their clients, when negotiating parenting plans, that they agree to retain a parenting co-ordinator (PC) to help resolve future disputes. We have found that in some …
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As a parenting coordinator, I often want to learn more about how the child is feeling about the things the parents disagree on. In fact, I have a responsibility under the law to do so. One way to do this is to retain a professional to interview the child and prepare a Voice of the Child Report. In my experience, …
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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 …
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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 …
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“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, …
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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 …
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