1.What is “Screening”? Screening is a triaging process that has been used by mediators for years to help them provide safe and balanced mediations. The mediator meets separately with each party, before agreeing to take the case, and elicits specific information that will help the mediator “diagnose” their complex relationship dynamic. The main purpose is to ascertain whether bringing the …
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Category Archives: Family Arbitration
Top Ten Questions about Screening for Power Imbalances and Domestic Violence in Mediation and Arbitration
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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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 his 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 …
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Excerpts from Family Arbitration: Perspectives of a Practitioner and Trainer – Part 3 of 3
These excerpts are taken from Family Arbitration: Perspectives of a Practitioner and Trainer, written by Richard W. Shields. This content will be part of the upcoming 40-Hour Family Arbitration Law & Skills training. Learn more here. Before the Hearing – Appointing the Arbitrator Under section 58(d) of the Arbitration Act, any arbitrator who conducts a family arbitration must have received training, approved by the Attorney General. …
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Excerpts from Family Arbitration: Perspectives of a Practitioner and Trainer – Part 2 of 3
These excerpts are taken from Family Arbitration: Perspectives of a Practitioner and Trainer, written by Richard W. Shields. This content will be part of the upcoming 40-Hour Family Arbitration Law & Skills training. Learn more here. The Arbitrator The roles of the arbitrator in an arbitration vary depending upon whether the parties choose to proceed with a hearing. In any arbitration, there …
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Excerpts from Family Arbitration: Perspectives of a Practitioner and Trainer – Part 1 of 3
These excerpts are taken from Family Arbitration: Perspectives of a Practitioner and Trainer, written by Richard W. Shields. This content will be part of the upcoming 40-Hour Family Arbitration Law & Skills training. Learn more here. The Nature of Arbitration Arbitration is a voluntary dispute resolution process in which a neutral third party intervenes to provide a final and binding decision on the issues in …
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Family Arbitration: Exploring Your Options in Dispute Resolution
Family arbitration is a very different process from mediation, and yet they are often confused. Arbitration is a process whereby the parties present their version of the story before a privately-retained arbitrator, often a senior family lawyer, who hears the evidence, applies the law and makes a binding decision. Family arbitration is therefore, more like court than it is like …
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Best Practices for Screening in Family Mediation-Arbitration
Best practices for screening family mediation and arbitration cases for power imbalances and domestic violence. MORE
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FDRIO Members: Grab your lunch and join peer members on the last Friday of the month for a 1-hour open forum. Share your ideas! Bring your client challenges! Bring your practice questions! Join us for some social time on Fri. Jan. 29th. Email for link to join [email protected]
Thanks for having me on! https://twitter.com/RiverdaleADR/status/1352714759678930944
Lead trainers Hilary Linton and Seema Jain kicked off day one of our 40-Hour Family Arbitration program today, delivering the fundamentals of family arbitration to a diverse group of students (from BC, to Saskatchewan, and across Ontario)! #onlinetraining #ontarioarbitration
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