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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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(Evans v Evans, 2023 ONSC 3919 CanlII)   A recent decision of Justice Lene Madsen highlights many of the issues addressed daily by family mediators, arbitrators and parenting coordinators, and also confirms that the courts have no jurisdiction to order parenting coordination in Ontario. Here is a summary of the decision: It is a 159 paragraph decision resulting from a …
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It is common to hear Parenting Coordinators (PCs) talk about how tough it is to do this work.  But PC work is tough for the parents too!  I work with many parents who are understandably reluctant to start the PC process. They are coming from a place where their experience with the other causes them to have little faith that …
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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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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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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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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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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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