Ontario Family Court Review: Luke’s Place submission

woman holds childs hand

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…

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Mediation: You can’t always get what you want

pensive woman looking out window

“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…

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What is arbitration?

woman holding a little boy

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…

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What is parenting coordination?

mother holding daughter who looks content

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…

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Is mediation a good way to resolve a family law dispute?

thoughtful young woman

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.…

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Recent case: Alternative dispute resolution and arbitrator bias

hands on a book

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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