Ontario parenting coordinators (PCs) and family arbitrators want to ensure that their process agreements meet the requirements of the Arbitration Act, the Regulation under it that governs family law adjudication and the Family Law Act. How can they do that? Although not required by Regulation, it is recommended that anyone who is providing private family law adjudication be trained in …
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Category Archives: Mediation-Arbitration
Getting Your Family Arbitration and Parenting Coordination Agreements Right
The other lawyer is recommending mediation-arbitration but my client is reluctant to ‘lock in’ to an out-of-court option. What is your advice?
Mediation-arbitration is a great process option for many, especially with the current backlogs in court. We can move a case forward or manage a case efficiently so that the matter is dealt with in a legally appropriate manner. But it is not the right choice for everyone, and that is why we meet each party first to assess suitability. There …
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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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Results From Our Client Survey Are In!
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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Mandatory Family Mediation and Other Burning Questions: an Interview with the Irish Professional Mediators’ Organsation
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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CBC Promotes Family Mediation!
Listening to the CBC’s recent program on family law (Ontario Morning, March 12), it became clear to me that separating parents do not always understand their dispute resolution options. Recent changes to the federal and provincial laws require all separating couples to consider trying out-of-court settlement, and many are doing just that. But it can be wildly confusing trying to …
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Identifying and Assessing Family Violence and Power Dynamics
What are the fundamental principles of ADR? What are some basic screening concepts I should know before starting mediation and/or arbitration? What are mediators looking for when assessing for risk? Learn measures mediators use to balance power and keep parties and children safe. Alternative dispute resolution (ADR) functions with three fundamental principles: ADR is a voluntary process ADR is a …
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The Promise of Family Mediation-Arbitration: Is it Real?
The crisis in access to family law justice has led to many great things happening outside of court. Collaborative practice, for example, has grown from disenchantment with the adversarial legal system’s assumption that positional bargaining necessarily protects the interest of parents and their children. Family mediation has become the go-to solution for both the public– seeking to avoid paying lawyers– …
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