Category Archives: Family Arbitration

The ability to reach a principled decision determining the rights and liabilities of the parties and explain that decision in the form of a reasoned award is the hallmark of a skilled family arbitrator. The skills and abilities needed are the same for parenting coordinators and arbitrators, even if the procedures applied will not always be the same. Here are …
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One reason many clients and their lawyers prefer private family arbitration to court is the flexibility and procedural adaptiveness of family arbitration. Arbitrators have the ability to structure their processes in ways that meet the needs of each set of clients and the issues before them. Parenting coordinators utilize a broad range of procedural strategies to manage conflict in the …
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Effective family arbitrators have the ability to conduct matters using fair, flexible, proportionate and effective procedures. In our 40 Hour course in Family Arbitration Theory and Practice for arbitrators and parenting coordinators, we teach these skills through lectures, demonstrations and coached role plays in small groups. These skills include: a. Ability to clearly establish understandings b. Ability to determine legitimacy …
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One reason many clients and their lawyers prefer private family arbitration to court is the flexibility and procedural adaptiveness of family arbitration. Arbitrators have the ability to structure their processes in ways that meet the needs of each set of clients and the issues before them. Parenting coordinators utilize a broad range of procedural strategies to manage conflict in the …
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Family mediation and arbitration is an unregulated field of practice in Ontario. Although the Ontario Association of Family Mediation (OAFM) and Family Mediation Canada (FMC) have established high standards of practice, it is not necessary to obtain accreditation with either organization in order to offer family mediation services. The same applies to family arbitrators and parenting coordinators. Membership in the …
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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 …
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All arbitrators can make errors that lead to appeals. But there is a difference between making procedural errors that cause parties to feel that they did not receive due process, and simply being wrong in law. By following the tips above, arbitrators can reduce the chances of making procedural errors. Farmer v Farmer, Finlayson J,  ONSC 5913

Judges sometimes make reversible errors that are overturned on appeal; so too with arbitrators. It is not very often, however, that judges or arbitrators have their decisions overturned for lack of sufficiency in their reasons, especially in complicated cases, involving lots of money. It also does not often happen that an appellate judge feels the need to set out a …
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