Posts Tagged ‘ADR’
Mediation should not be a default resolution process in cases of intimate partner abuse
In his August 19th article, Considering mediation as a default resolution process in light of new family law duties in The Lawyer’s Daily, Oren Weinberg makes a strong case for the value of mediation for people seeking to resolve family law disputes. I don’t disagree with anything he says. Mediation can be extremely helpful and…
Read moreOntario Family Court Review: Luke’s Place submission
A review of Ontario’s family and civil legislation, regulations, and processes by the Ministry of the Attorney General is underway. Submissions will be accepted until July 31, 2019. The review is looking at three key issues: direct family law matters out of a combative court process, where possible; reduce the cost of the process to…
Read moreMediation: You can’t always get what you want
“But if you try sometime you find/You get what you need.” Many women leaving abusive relationships would take exception to even the modest optimism expressed by the Rolling Stones in this 1969 hit. Nonetheless, this is very much the tone of family court these days, in particular mediation. When I began practicing law in the…
Read moreWhat is arbitration?
Many legal issues arise when a couple separates: custody and access, financial issues and dividing the family property are often the most pressing. Some people decide to attempt to resolve these issues without going to court and use one of a variety of alternative dispute resolution techniques. Arbitration is one of these techniques. It is…
Read moreWhat is parenting coordination?
Parenting coordination is a form of alternative dispute resolution that can assist parents implement their parenting plan, usually after a court order for custody and access is in place. Parenting coordinators (PC) are often mental health professionals, but lawyers and mediators can also function as PCs. Most have some knowledge of divorce/separation, child development and…
Read moreIs mediation a good way to resolve a family law dispute?
Mediation is one form of alternative dispute resolution (ADR) that women may be encouraged to use during their family court process. In recent years, there has been an increasing emphasis on the use of ADR to resolve family law differences and disputes. In some family law cases, ADR can be better than going to court.…
Read moreRecent case: Alternative dispute resolution and arbitrator bias
McClintock v Karam 2015 ONSC 1024: The parties in this case had signed an agreement that they would refer any custody and access conflicts they could not resolve on their own to mediation/arbitration. This is a process in which the parties work with one individual who initially acts as a mediator. If that person is…
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