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: Before engaging in any ADR process, the mediator …
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Identifying and Assessing Family Violence and Power Dynamics
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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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
