Category Archives: Family Mediation

Navigating Mediation with Cultural Sensitivity – A Black History Month Perspective

As we commemorate Black History Month, let us not only celebrate the vibrant mosaic and diverse narrative of black history. Let’s consider the importance of supporting and fostering inclusivity in all aspects of FDR practice. In the field of mediation, cultural competence is paramount in ensuring a fair and effective process for our clients. By embracing diversity and pursuing knowledge …
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To caucus or not to caucus, that is the question

What is caucusing in mediation? This is a private and confidential meeting between the mediator and one of the parties. When should caucusing be deployed? There is no hard and fast rule about when exactly to caucus as a lot depends on the mediator’s instinct or judgment. A decision to caucus can be used whether you are in the “shade” …
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Building Rapport with Your Mediation Clients

As family law mediators, we journey into the “guts and bellies” of people’s lives. How do you get mediation clients to trust you? Who wants to air “dirty laundry” to a stranger? How do you get someone to feel comfortable enough to share what brought on the decline of their relationship? Essentially, what led them to you? I have done …
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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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Save Time and Money in Mediation, or Don’t Forget About Rule 17 (7.1) !

A little-known relatively-new Family Law Rule offers litigants a great opportunity to save time and money. Under Rule 17 (7.1), litigants will be able to skip a case conference if they have attended mediation and met the other requirements of the Rule. Here is what you need to know! The parties will need to tried to resolve their issues with …
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The ChatGPT Lawyer

Are lawyers being replaced? Not so fast! Could ChatGPT fill gaps in the arena of access to justice? Cautiously, yes. Could it contribute to efficiency? Perhaps! Can it successfully level the playing field for self-represented litigants? Not yet! The reticence in my answers should not be surprising. ChatGPT has been around for a mere four months. While any help we …
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Try mediation and jump the queue: mediation is “faster, less expensive and more effective”!

Exploring mediation can move your case forward through the litigation process.. in more ways than one. Prior to the March 1, 2021 Divorce Act changes, lawyers had a duty to inform clients about mediation facilities. The Divorce Act changes now places a duty on lawyers to encourage clients to attempt to resolve matters through a family dispute resolution process. There is also a duty on …
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Family Mediation Research Confirms: Mediation Works!

Family mediation is here to stay as a viable alternative to dispute resolution. Be it court-connected or private mediation, the process is successful for so many reasons, including timely resolution and interest-based settlements. Although mediation is not mandatory, recent Divorce Act changes require that clients be encouraged to explore resolutions through a family dispute resolution process, unless it is not …
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