FDR Updates Archives | Family Dispute Resolution Institute of Ontario

Cliff’s Notes

Cliff Nelson

Posted on October 3, 2019 at 10:08 am / 0

November 2019 Newsletter Hello again! I hope you have enjoyed a good summer; the weather certainly helped. While my summer was relaxing, the Ontario Courts continued, as always, to work very hard. Numerous reserved decisions have been released over the past few months that will be helpful to family arbitrators and mediators. Neither time nor space will allow me to canvass more than a sampling. In Khan v. Ahmed [2019 ONCA 614] the Ontario Court of Appeal dismissed an appeal over an access issue brought by the father of two young children .Their mother had died; the mother’s brother (maternal…

To Impute, Perchance to Deem (Act 1)

Shmuel Stern

Posted on October 3, 2019 at 10:01 am / 0

Case Law Review – October FDRIO Newsletter A separated couple comes to you for mediation. They had a rocky relationship. The mother conceived their daughter when she was just 19, while yet still in high school. The father was 25, sharing an apartment with his cousin and working sporadically as a reluctant tool and die maker, a job he fell into. They separated a bit later and the father even started a court case to determine paternity, but then they reconciled and married (!) then, sadly, separated on a final basis within a year of marriage. The father never earned…

Do Changes to the Divorce Act Create a Cultural Shift in Family Dispute Resolution?

Thomas Dart

Posted on October 3, 2019 at 9:54 am / 0

For at least the past 10 years, experts have selflessly conducted several studies concerning the manner in which family law disputes are presently being resolved. Each of these efforts have resulted in recommendations for significant change. Change is never easily obtained and never happens as soon as it should. In its report of April 2013, the Action Committee on Access to Justice recommended changes to substantive family law arguing that: Statutes should not presume that disputes will end up in court in front of judges to be decided in hearings and trials. Our family law statutes should emphasize agreements and…

Update on Parenting Coordination in Saskatchewan

By Kayla C. DeMars-Krentz

Posted on August 26, 2019 at 10:43 am / 0

On July 15, 2019 The Miscellaneous Statues (Family dispute Resolution) Amendment Act, 2018 Regulation, as they relate to parent coordinators and family arbitrators, came in to force. For Saskatchewan families this means that an application may be made to a Judge presiding in Chambers for an order that the parties to a family law dispute be directed to parent coordination or family arbitration. The Regulations with respect to collaborative services and family mediation will roll out in the next few months. Soon, it will mandatory that parties certify they have completed one of the four dispute resolution processes before the…

Managing Compassionate Fatigue for Family Mediators: Summary of Webinar Presentation By Professor Desmond Ellis, August 13, 2019:

By Sina Hariri

Posted on August 23, 2019 at 12:10 pm / 0

The following (Katz and Haldar (2016)) definition of trauma was presented: “Family violence is traumatic when it “renders a person’s internal and external resources inadequate, making coping ineffective Listening to graphic accounts of traumatic experiences disclosed by their clients can result in Compassionate Fatigue (CF) among practitioners. Indicators of CF include: “harmful changes in practitioners’ views of themselves or their profession because of exposure to graphic traumatic experiences of their clients (that) result in a state of tension or preoccupation with client traumatic stories…avoidance of such stories or a persistent state of tension”. Minimally, trauma informed practice involves screening…

Starting Out as a Parenting Coordinator: Advice from a Rookie

By Lindsay Kertland

Posted on August 21, 2019 at 5:47 pm / 0

A few years ago, shortly on the heels of completing my mediation training, I attended a session at a conference on – what was to me – a new and rather elusive concept: Parenting Coordination. Brimming with curiosity, I took my seat and subsequently took on a deluge of information from learned and energetic presenters; they were intelligent, empathetic, kind and inspirational. But when the session came to a close I staggered out in disbelief that anyone could pursue such a career of conflict. Over 25% of the presentation had been devoted to “the importance of self care”, with dire…

Zooming through the Parenting Coordination Process

By Elizabeth Hyde

Posted on August 21, 2019 at 5:45 pm / 0

The Parenting coordination process can be done in many ways, depending on your professional background, client goals, practice preferences and proximity to your clients. Recently, at the AFCC Pre Conference on Parenting Coordination, there were a number of PCs who stated they never meet with clients personally and only by phone or email. Following a face to face intake wherever possible, my preference is to have a face to face first meeting with parents together so that we can establish the PC process, goals, boundaries, billing etc. together. I have found that many, if not most, parents are resistant to…

Does the Court have jurisdiction to order a Parenting Coordinator?

By Elizabeth Hyde

Posted on August 21, 2019 at 5:40 pm / 0

N.S. v. R.M., 2019 ONSC 4215 COURT FILE NO.: FC-14-130 DATE: 2019/07/18 ONTARIO SUPERIOR COURT OF JUSTICE This was a 75-page decision following 16 days of trial that took place over three calendar years. It covers virtually all issues between a very high conflict couple. The one issue that we are interested in for this newsletter is whether the court could order a PC as recommended by the assessor and requested by the father. The assessor had recommended joint custody with the use of a parenting coordinator if the parties have a dispute. Alternatively, he recommended joint custody with the…

Parenting Coordination Q&A with Michelle Hayes, MSW

Posted on August 21, 2019 at 5:37 pm / 0

FDRIO: What kinds of couples are good candidates for parenting coordination? Michelle: couples who have shown some historical ability to make parenting decisions together, but as a result of the separation and divorce have had difficulty doing so – generally this is linked to conflict between the parents. While parenting coordination is designed for high conflict parents, there also has to be a genuine desire to resolve conflict and work with the parenting plan. There are parents who utilize the parenting coordination process as a different forum to continue the conflict and even escalate it – those are the parents…

Voice of the Child in Parenting Coordination

By Debra Rodrigues, BSW, RSW, Acc. F.M. (OAFM), CP Med., Cert. Elder Med., CRP Director, Peel Counselling and Consulting Services,

Posted on August 21, 2019 at 5:34 pm / 0

The conclusion from the literature is that children want to have a voice but not make the decisions about custody or access. As well, children have the right to be heard as part of the United Nations Convention for the Rights of the child, ratified by Canada (Article 12). Including the voice of the child can increase the Parenting Coordinator’s (PC) understanding of the child’s needs and wishes with more accuracy. Parents who need a PC often present opposing views about the child’s needs and wishes. Using a voice of the child report can help alleviate this problem and help…

5 Reasons To Use a Parenting Coordinator

By Steven Benmor- Family lawyer, mediator, arbitrator, PC, FDRP PC

Posted on August 21, 2019 at 5:33 pm / 0

Parenting Coordinators help former spouses settle post-divorce parenting disputes. Most parents think they’re done by the time they’ve finalized the terms of the settlement with respect to custody, access, child support, and property division. But while they’re immersed in the details of getting to a final divorce settlement, they sometimes forget that there will continue to be new parenting issues that will need resolving. That’s where Parenting Coordinators come in. Parenting Coordinators are appointed jointly by the parents and use a variety of dispute resolution methods to prevent and resolve disagreements over issues such as school choices, vacation plans, after-school activities, birthday parties, and others child-related topics. Here…

The Cost of Litigation: a primer on costs for FDR professionals

By Liz Nastasi, Mediator, Counsel MAG Tribunals Ontario

Posted on August 21, 2019 at 5:31 pm / 0

In the recent case of Yovcheva v. Hristov, 2019 ONSC 4252, Justice A. Doyle sets out an easy to follow set of considerations and case law in assessing a costs award. The costs decision followed a six-day trial. In arriving at its decision, the court considered written submissions, the Family Law Rules, O. Reg. 114/99 (the FLRs), the bill of costs and offers to settle. The case provides a useful roadmap in assessing both entitlement and amount of costs and can serve as a useful guide to parenting coordinators and arbitrators when making costs awards. Justice Doyle’s decision sets out…

Resources for Family Mediators

Posted on July 24, 2019 at 7:26 pm / 0

As challenging as these times are for our members, there is also a lot to celebrate. Access to justice resources are growing and evolving. Here are some that will help family mediators who work with unrepresented parties: Advice Counsel: Our clients can continue to access the free advice counsel services, whether they are in court or not, provided they meet the Legal Aid Ontario (LAO) eligibility requirements. Here is the link for that information. LAO also offers summary advice by phone for those who qualify at 1-800-668-8258. Limited Scope Services Project: this is a little project that is growing by…

Becoming a Family Mediator: Insights and Opportunities

By Selina Manna

Posted on July 18, 2019 at 11:25 am / 0

Instructors, mentors and ADR professionals play a crucial role in inspiring, supporting and imparting knowledge to those new to the field. Their role is essential in influencing a student’s experience. My year in the ADR program at Humber College offered me much more than I had initially anticipated. It was a new experience for me to be in a program with helpful mentors who encouraged networking and attending workshops, classmates that worked together and instructors who knew you on a first name basis. It was stimulating to be in a class where everyone came from diverse educational backgrounds – students with…

Mediation and The Family Business

by Phil Kriszenfeld

Posted on July 18, 2019 at 11:24 am / 0

It is not uncommon for family businesses and their managing families to be in conflict. There are the “everyday” conflicts of running the operating company. These can include debates on machinery acquisitions, pricing policies, supplier relationships, customer relationships, etc. For some instinctive survivalist reasoning, these conflicts general get solved one way or another as they are purely about the business at hand. Someone loses an argument here but may win one over there. The expression “pick you battles” must have originated in this playing field. They get solved! The business must continue to move forward. What about the conflicts that…

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