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What is “Custody”? And Why Do Mediators Need to Know?
Images by Kat and Steve Smith – KS Photography This week we are teaching our 30-hour course in Family Law for Family Mediators, Parenting Coordinators and Arbitrators. It is a comprehensive overview...
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Reviewing the Best Book a Family Law Lawyer Could Read in 2017
This book was published in late 2017, and its title is a mouth full; Settling Family Law Cases: Practical Techniques for Advocates and Neutrals. However, the book itself is in chewable pieces, many of...
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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 father, even though the son gave...
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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...
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Speaking at the OBA Institute on Neuroscience and ADR on February 7 was no...
Here is what I learned: Suzanne Sherkin of Highborn Communications taught me that our brains take short-cuts to the familiar, and that this can be limiting. For example, I did not know that the English...
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The (Unique) Perils of The PC Process
The parenting coordination process is a difficult one for both clients and their lawyers. Invariably there is one parent who is more committed, or is driving the process. Also, once the arbitration...
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Participating in the Open Bar Lecture at 311 Jarvis
I recently attended one of the great “Open Bar” lectures at 311 Jarvis St— the Ontario Court of Justice in downtown Toronto. It is remarkable that in the court, after hours, gather leaders of the...
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A Fondness for 311 Jarvis
I have a particular fondness for the court at 311 Jarvis St in Toronto. As a young family lawyer, it was where I felt most at home. The judges were kind and down-to-earth, completely committed to...
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Sustainable Peace, Mediation, and the Status of Women and Girls
By: Mina Vaish and Archana Medhekar In March of 2018, the Canadian delegation consisting of Archana Medhekar, Tricia Morris and I joined eighteen other international mediators for the Mediators...
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The Tenacious Mediator: Ten tips for “Moving the Mediation”
If there are three qualities that distinguish a good mediator from a great one, they are: Dangerous curiosity: great mediators are not afraid to follow their curiosity. This takes high level...
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First FDRulings
Court Upholds Confidentiality of Mediation Intake Forms, Mediator’s File & Screening Notes Cliff Nelson, Riverdale Mediation & Hilary Linton, Riverdale Mediation and mediate393/311/47 Few...
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Book Review: A Guide To Family Arbitration In Ontario, By Stephen Grant And...
Score: 9.5/10 As a family arbitrator I am always looking for good reading to stay current. I recommend this book highly for anyone doing this work. This thin (just over 100 pages of text),...
View ArticleBest Practices for Addressing Power Imbalances and Safety in Family Dispute...
Introduction With courts, for now, restricting services to all but emergency matters due to COVID-19, the demand for alternative dispute resolution services is growing exponentially. The need is...
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Do No Harm: Should I Move Fast or Slow?
Whether you have left an unhappy situation, or are heartbroken about being left by someone you love or need—anxiety around the prospect staying connected to your separated spouse is visceral. For...
View ArticleThe 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...
View ArticleIdentifying and Assessing Family Violence and Power Dynamics
What are the fundamental principles of ADR? What are some basic screening concepts I should know before starting mediation and/or arbitration? What are mediators looking for when assessing for risk?...
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CBC Promotes Family Mediation!
Listening to the CBC’s recent program on family law (Ontario Morning, March 12), it became clear to me that separating parents do not always understand their dispute resolution options. Recent changes...
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Enforcement of Agreements and Orders in a Closed PC Process
Walk softly and carry a big stick is a variation on a phrase popularized by US President Theodore Roosevelt in a 1903 speech when he said to the crowd “speak softly and carry a big stick”. In other...
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A Good Case for Family Mediators: Justice Sherr in L.B. and P. E.
As family mediators, we work “in the shadow of the law”. Our job is to help parties reach agreements that are better for them than their alternatives… meaning mediators must know what a court would do...
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The (Unique) Perils of The PC Process
The parenting coordination process is a difficult one for both clients and PCs. Invariably there is one parent who is more committed; or is driving the process. In addition, once the arbitration phase...
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