Category Archives: Mediation-Arbitration

Book Review: A Guide To Family Arbitration In Ontario, By Stephen Grant And Jenna Preston (Lexis Nexis 2018)

Score: 9.5/10 As a family arbitrator I am always looking for good reading to stay current. I recommend this book highly for anyone doing this work. This thin (just over 100 pages of text), easy-to-read primer is a gem for family arbitrators and parenting coordinators. It is also a great guide for counsel wondering if private adjudication is a good option. …

The (Unique) Perils of The PC Process

The parenting coordination process is a difficult one for both clients and PCs. Invariably there is one parent who is more committed; or is driving the process. In addition, once the arbitration phase of the process has been utilized, the losing parent usually disengages altogether. Throw in the fact that many parents have not been fully educated on the process …

The Tenacious Mediator: Ten tips for “Moving the Mediation”

If there are three qualities that distinguish a good mediator from a great one, they are: Dangerous curiosity: great mediators are not afraid to follow their curiosity. This takes high level questioning skills to do effectively. In particular it requires gentle, non- judgmental, open-ended questions. Genuine curiosity is easy but it requires the mediator to completely set aside any preconceived …

Participating in the Open Bar Lecture at 311 Jarvis

 I recently attended one of the great “Open Bar” lectures at 311 Jarvis St— the Ontario Court of Justice in downtown Toronto. It is remarkable that in the court, after hours, gather leaders of the Toronto family law bar, dispute resolution community and judiciary who are working with the most vulnerable of Toronto families at a difficult time in their lives. It …

Speaking at the OBA Institute on Neuroscience and ADR on February 7 was no exception. 

Here is what I learned: Suzanne Sherkin of Highborn Communications taught me that our brains take short-cuts to the familiar, and that this can be limiting. For example, I did not know that the English language has ten times as many negative words as positive ones, and that the use of these words can send our brains to the familiar …

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– …

Voice of the Child in Mobility Cases: an Important Decision

In one of the most compelling decisions I have read in a long time, a British judge decided to disallow a 14-year-old’s proposal to move to another country with father, even though the son gave evidence that he very much wanted to move. It is a touching decision that almost made me cry, mostly because of the profoundly beautiful way …

Best Practices for Screening in Family Mediation-Arbitration

Best practices for screening family mediation and arbitration cases for power imbalances and domestic violence.