Screening is important in any family dispute resolution process to ensure that the parties, counsel, and dispute resolution professionals can engage in the process fully and safely. In family med-arb, there are particular concerns for the integrity of the screening process, because if the parties proceed to arbitration, they are “locked in” and cannot voluntarily opt out of the process. …
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Category Archives: Mediation-Arbitration
Screening: Best Practices in Family Med-Arb
Important case on “screening” in family mediation-arbitration
Although there are different options for screening, this case tells us why some may be better than others.
Judge over-rides med-arb clause in agreement due to power imbalance
In this recent SCJ decision, Justice Nolan quotes from the Riverdale Mediation website on screening for power imbalances.
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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Mediation-Arbitration: a useful process
I just completed a survey for a colleague who is writing a paper on the growing use of mediation- arbitration. For people with difficult, deeply-rooted disputes, this can be a very useful process. It offers them the opportunity to resolve the matter — hopefully quickly, confidentially and effectively–with someone in whom they have great confidence. A good mediator-arbitrator is a …
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