Category Archives: Family Arbitration

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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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

Coach your Client to be a Better Negotiator: Tips for Negotiating Effectively

ADR professionals are, by definition, skilled negotiators. What attitudes, skills, and strategies do we already have to help coach our clients to achieve the best possible outcomes? 10 Coaching Tips for Clients   1. Our clients all come to us from a place of fear. They fear loss: of what they want or need, of a relationship, of control, or of …
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