How to Help Your Clients Prepare for a Negotiation – Part 2 of 4

The mediator’s first job is to assess whether the proposed negotiation is suitable for all, is feasible, and can proceed in accordance with the guiding principle of “do no harm”. In this 4-part blog series, we will explore some questions mediators can review with clients before starting a mediation: PART 2 – IDENTIFY THE TERMS OF THE NEGOTIATION PROCESS Define …
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How to Help Your Clients Prepare for a Negotiation – Part 1 of 4

The mediator’s first job is to assess whether the proposed negotiation is suitable for all, is feasible, and can proceed in accordance with the guiding principle of “do no harm”. In this 4-part blog series, we will explore some questions mediators can review with clients before starting a mediation: PART 1 – INITIAL ASSESSMENT Do you really want to negotiate? …
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Conflict Analysis: What Is The Difference Between a “Conflict” and a “Dispute”? (and Why It Helps to Understand the Difference)

An early challenge for the family mediator is to help the client organize their thinking so that they clearly understand why they are coming to mediation, what they need to resolve and what they can let go or resolve later or in a different way. Mediators need tools to help them do this effectively. MORE

What is “Custody”? And Why Do Mediators Need to Know?

This week we are teaching our online 30-hour course in Family Law for Family Mediators, Parenting Coordinators and Arbitrators. It is a comprehensive overview and is good training for anyone who wants to know more about family law. We start the course discussing what comes first; changes in law or changes in society? For example, there is a social and …
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How Can Mediator-Arbitrators and Parenting Coordinators Maintain Their Neutrality?

It can be challenging for FDR professionals to maintain the perception of neutrality in when working in dual functions as mediator-arbitrators and parenting coordinators.  There is an inherent tension in the various roles encompassed in the process. Mediators often engage in tactics that might be seen to show their assessment of the situation.   Even where parties have consented to …
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The Efficacy Of Parenting Coordination

A PC seeks to protect and sustain safe, healthy and meaningful parent-child relationships. Parenting coordination is to help co-parents who are unable or unwilling to jointly make parenting decisions comply with parenting agreements and orders. MORE

Do No Harm: Should I Move Fast or Slow?

Whether you have left an unhappy situation, or are heartbroken about being left by someone you love or need—anxiety around the prospect staying connected to your separated spouse is visceral. For children, the frustration and despair is multiplied.  Children have no control over the decisions of their parents, the spread of the coronavirus, nor the conditions in which they find …
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Best Practices for Addressing Power Imbalances and Safety in Family Dispute Resolution Processes: Research, Protocols and the Law

Introduction With courts, for now, restricting services to all but emergency matters due to COVID-19, the demand for alternative dispute resolution services is growing exponentially. The need is greater than ever to ensure that those processes put issues of power imbalance and safety of clients and children first. Private mediation or adjudication is not appropriate in all cases. Professionals should …
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