Although there are different options for screening, this case tells us why some may be better than others.
Category Archives: Family Arbitration
Which family law process is best?
How do you know which family law dispute resolution process will be best for you?
Screening in family arbitration: what’s all the fuss?
Family mediators, lawyers, and arbitrators are getting their knickers in a knot about screening; but they need not worry. Screening is easy.
How to “screen” in mediation and arbitration
Teaching family lawyers and mediators how and why to screen for power imbalances, including domestic violence, in mediation and arbitration.
Family lawyers and counsellors: read this
I am dismayed by something that happened today. A senior, experienced mental health professional asked me whether it was okay for her to screen (for power imbalances or various forms of control) only one of the parties in an arbitration. The answer, of course, is no, but she did not know that, nor did the senior, experienced family lawyer who …
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The cutting edge of family ADR
We are so lucky to have the Association of Family and Conciliation Courts (AFCC). It is a North America-wide, interdisciplinary organization of judges, mental health and child services professionals, mediators, lawyers, and academics– all committed to the development of well-informed best practices in family conflict resolution. The AFCC’s Ontario chapter is presenting its annual conference October 14-15 in Toronto. The …
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Arbitration Award Upheld
Since the province introduced legislation governing family arbitration a few years ago, many have wondered whether religious arbitration processes will survive. The Jewish Beis Din, a rabbinical court, has operated in Ontario for many years. The amendments to the Arbitration Act were intended to prevent the application of all religious law in Ontario. An interesting recent case has decided that …
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Lawyers not getting enough trial experience?
When I was a young lawyer I conducted several trials. I found them stressful for me and insanely expensive for the client. But, thanks to the success of mediation and arbitration, today’s young lawyers are not getting the chance to learn that lesson first hand. An article in Lexpert says that trials are vanishing, because mediation and arbitration are usually …
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