Author Archives: Riverdale Mediation

Practical, Ethical Guidelines for Comprehensive Family Mediation: Part 3

In part 3 of this blog series, Hilary Linton focuses on the special ethical duty of family mediators with vulnerable clients What is the formal source of a special ethical duty towards such vulnerable mediation participants? The first source of a special ethical duty devolves directly from the way we, as family mediators, promote our services in comparison to what lawyers do. It …
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Professionalism & Ethics in Family Law: The Other 90%

NOTE: Deanne Sowter* recently wrote and contributed this article to the Winkler Institue for Dispute Resolution website  As the 2015/16 OBA Foundation Chief Justice of Ontario Fellow in Legal Ethics and Professionalism Studies, and with the support of The Winkler Institute for Dispute Resolution, I am conducting a research project on the links between research and practice, involving empirical research on ethical …
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Practical, Ethical Guidelines for Comprehensive Family Mediation: Part 2

In part 2 of this blog series, Hilary Linton focuses on the risks of mediation and why a “practical” set of ethical guidelines is needed for family mediators The Risk of Mediation In order to truly resolve our conflicts we must move towards them. This is inherently “dangerous” in the sense that it can cause the conflict to escalate. If mediation …
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Practical, Ethical Guidelines for Comprehensive Family Mediation

Hilary Linton wrote this in-depth article on ethical guidelines for family mediators. Keep visiting our blog for the next part of this series. As more unrepresented parties going through separation and divorce seek out mediators rather than lawyers, it becomes apparent that those practicing this kind of mediation must exercise great care in defining, implementing and preserving the ethical framework …
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Family Med-Arb: It’s time to set some standards in Ontario

During Ontario’s first FDRweek there was a well-attended workshop on family mediation-arbitration. Led by highly respected BC mediator-arbitrator Carol Hickman Q.C., the theme was clear: there are no standards of practice for family mediation-arbitration in Ontario and they are needed. The “med-arb” process has become flavour of the month in family law. Most lawyers routinely add a clause in their …
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Family Dispute Resolution Brings Changing Needs in the Profession

The family dispute resolution (FDR) field has grown exponentially over the past ten years. This has been in response to the changes occurring in family law generally: more unrepresented people, backlogs in some courts, frustration with a non-specialist family law bench, lawyers becoming disenchanted with the traditional adversarial approaches, increased awareness of the prevalence of family violence, growth in communities …
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Ontario’s Mediation & Information Services for Separating Couples a Success

Recent statistics show that the most frequent users of Ontario’s free Family Law Information Centres are lawyers, and that the public who uses these free information services and free or subsidized information and mediation services are highly satisfied with them. _______________________ In Ontario, everyone who starts or receives a family court application must attend a MIP. (Mandatory Information Program). Statistics …
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Outline of a Basic Family Mediation Process: Part 7 & 8 – Documenting Possible Solutions & Creating a To-Do List

You will be extensively summarizing, re-summarizing, going back to notes made earlier, doing calculations, explaining options, and helping the parties consider all of the “what ifs” of the options on the table. _____________________________ As with negotiation, the mediation process follows a basic framework. The framework that a mediator uses will be determined by the principles that guide through. At Riverdale Mediation, …
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