Category Archives: Mediation and Negotiation

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 …

Best Practices for Screening in Family Mediation-Arbitration

Best practices for screening family mediation and arbitration cases for power imbalances and domestic violence. MORE

What is causing “the perceived injurious experience”?

What is causing the “the perceived injurious” experience? What drives conflict? How does each party in conflict get their needs met? Read this excerpt from our Introduction to Family Law course for more insights. Relationship-based conflicts: fuelled by misperceptions, stereotypes, negative conduct, ineffective communication, historical experiences, etc. Value-based conflicts: caused by different ways of living or upbringing, different cultures, religions, or ideologies, resulting …

What We Learned Training Mediators in Barbados

Our team had a wonderful experience working with the mediators of the Barbados Supreme Court. The training was funded by the IMPACT Justice Project, an initiative of the Canadian government that is designed to enhance access to justice at all levels—from community to court— throughout the CARICOM countries. (Click here for a link to local media coverage of our training …

Negotiation with Your Teen?

At a past workshop I did with fellow parents of teenagers, I was asked whether it is appropriate to ever negotiate with a teenager. It is a good question. Especially if we consider our role to be that of boundary-setter. originally posted March 2010 How can we negotiate without losing authority? I think one of the hardest things for parents …

Risks of Lawyers Screening their own Clients under the Arbitration Act Reg.

Family lawyers who screen their own clients for power imbalances and family violence under the Ontario Arbirtation Act Reg. face certain risks. 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 …

Children’s Interviews in the Parenting Coordination Process

Though parents are ultimately the decision makers, and the children do not have the same decision-making authority, parents decisions can be informed by the children’s wishes. originally posted July 2015 ________________ Interviewing children in the parenting coordination process is often a great way of gaining information. This can be invaluable when working with parents that present with very different opinions …