Author Archives: Hilary Linton

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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Screening is the first step in all family mediation, collaborative law and arbitration cases. The purpose of screening is to ensure that the parties and the process are a good match. There are two options for doing it well. Either the mediator (or mediator-arbitrator) meets separately with each party, or an independent third party meets them both and provides a …
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Make sure your equipment is working. An ‘honest’ admission about equipment failure leading to defective reasons is not the kind of honesty you want to be known for. Avoid stark characterizations of the nature of the evidence. Doing this makes it look like the arbitrator either did not understand the evidence or did not take the time to consider it. …
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Originally published in The Lawyer’s Daily, June 30, 2021. If Gary Joseph’s opinion is reflective of what Ontario lawyers know about family mediation practice in our province, (June 22, 2021, “Mediation: The unregulated profession“) some serious correction is called for. Family mediation has been a highly functional self-regulating profession since 1984 when Family Mediation Canada (FMC) was created by the …
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