Category Archives: Family 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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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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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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Top Ten Questions about Screening for Power Imbalances and Domestic Violence in Mediation and Arbitration

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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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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