FDR Updates, FDRIO in the News
When Should I Ask For a Formal Business Valuation?
For ADR professionals, there is always a need to balance cost against value. However, when a family owes and operates a business, and some of all of the income and property are tied up in that business, there is real value in determining its scope. FDRIO asked Matthew Krofchick when we should ask for a formal business valuation and here’s his response. When you faced with a need for a business valuation in a matrimonial separation, the answer to your question, from my perspective is always and early. Here are the seven main reasons why: There is a common misconception…
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Conference Highlight – Panel Applauds Divorce Act Changes That Highlight Mediation, and Best Interests of Child
Family justice experts at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference lauded amendments to the Divorce Act, which they say signal a “cultural shift” in best interest of the child duties as well as an emphasis on mediation. “The Divorce Act: How will the changes impact FDR?” panel, held on Nov. 18, included Dr. Rachel Birnbaum, of King’s University College at the University of Western Ontario; Nicholas Bala, a professor at Queen’s University; Claire Farid, counsel for the Family Law Policy Unit of the Family, Children and Youth Section of the Department of Justice; and was…
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Panel applauds Divorce Act changes that highlight mediation, best interests of child
Published by The Lawyer’s Daily on Tuesday, December 10, 2019. Family justice experts at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference lauded amendments to the Divorce Act, which they say signal a “cultural shift” in best interest of the child duties as well as an emphasis on mediation. “The Divorce Act: How will the changes impact FDR?” panel, held on Nov. 18, included Dr. Rachel Birnbaum, of King’s University College at the University of Western Ontario; Nicholas Bala, a professor at Queen’s University; Claire Farid, counsel for the Family Law Policy Unit of the Family, Children and…
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Downey committed to expansion of Unified Family Court, unveils changes to LAO duty counsel
This article was originally published by The Lawyer’s Daily, part of LexisNexis Canada Inc. November 26, 2019 Expansion of the United Family Court (UFC), a smooth transition during amendments to the Divorce Act, and changes to Legal Aid Ontario’s (LAO) duty counsel, were priorities outlined by Ontario’s Attorney General, Doug Downey, at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference. Downey, the keynote speaker at the conference held in Toronto on Nov. 18, said the Ministry of the Attorney General is reviewing the federal amendments to the Divorce Act to “determine how changes will impact our family…
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A discussion with Audrey Isenor – Executive Director of Community Justice Alternatives of Durham Region
FDRIO: What is Community Justice Alternatives of Durham Region, and who are the members and users of your organization? Since 1981, Community Justice Alternatives of Durham Region (CJADurham) has provided Durham Region residents with programs and services that: contribute toward the prevention of crime develop safer communities address social issues and the rehabilitation of offenders, and promote stronger communication and healthier family well-being. Our website https://www.cjadurham.ca has information on all of our services and programs and we invite you to browse this information. FDRIO: What do you believe are the most important elements of a community justice approach? We pride ourselves…
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James Colin MacDonald: An Appreciation
Jim MacDonald died on September 19, 2019 at his summer home on Prince Edward Island. His passing has caused me to reflect on his career and on his importance to the development of family law in Canada. Jim graduated as a lawyer in British Columbia practising there for a short time before moving to Ontario in the 1960’s. He met Lee Ferrier; they decided to practise law together, though unsure, in the early days, what type of practice they should develop. At that time, there were few specialist law firms. A chance remark from Joe Pomerant, who was a young…
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Interview with Jim Melamed, CEO of Mediate.com
This interview by Hilary Linton, a Toronto family lawyer, mediator, arbitrator and trainer at Riverdale Mediation Ltd, and a Director at the Family Dispute Resolution Institute of Ontario (FDRIO), was done for publication in the FDRIO November 2019 newsletter. Jim will be speaking at the FDRIO annual conference November 18, 2019 in Toronto. For full conference details click here. To sign up for the free monthly FDRIO newsletter click here. Jim Melamed began mediating in 1983 and was the first President and Executive Director of the Oregon Mediation Association (1985). After this, Jim served for 6 years as Executive Director…
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PRESS RELEASE: AUGUST 6, 2019
Family Dispute Resolution Professionals Call for Changes to Keep Families Out of Court The Family Dispute Resolution Institute of Ontario (FDRIO) is calling for major family law reform designed to encourage more separating couples to settle their disputes out-of-court. “There are many things that the government could do that would cost little or nothing to improve access to family justice in Ontario”, says family lawyer and FDRIO founder Tom Dart. “Our courts should be community hubs”, says Dart. “The infrastructure is paid for. Courts could used evenings and weekends for accessible mediation, triage, counselling and other essential services”. Other suggested…
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Proposals to Improve the Family Justice System In Ontario. July 31. 2019
The Family Dispute Resolution Institute of Ontario (FDRIO) serves to establish high quality family dispute resolution processes, and to educate the public about them. The organization does not advocate for any process over another, and has therefore great credibility in an exercise such as this. FDRIO serves no special interest; rather it seeks to ensure that all families in Ontario benefit from the most appropriate, effective, accessible and affordable dispute resolution option for that family. Background Over the past 20 years there have been numerous reports and ideas about how to improve the family justice system in Ontario. Family law…
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Family Law Portal Goes Live!
A collaboration between the Ryerson’s Legal Innovation Zone and FDRIO Members! On June 20, 2019, Ryerson’s Legal Innovation Zone (LIZ) launched the Family Law Portal. This free, on-line service helps Ontario families involved in separation or divorce better understand their rights, their responsibilities, the decisions they need to make, and the documents they need. “Families need a way of resolving separation and divorce issues that works for them”, said Chris Bentley, Managing Director of the LIZ, which managed and coordinated the project. “When you are better informed, you can spend your time, emotional energy and limited resources on the…
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The Fric-Shamji Murder – A Note from the FDRIO Family Violence Section Chair, Raheena Dahya
Note to Readers: We have not investigated as to what screening steps were taken in this particular case and none of the commentary below is intended to be, nor should be construed as, criticism against the professionals who were involved in this matter. This month the justice system interacted with the disturbing death of Elana Fric yet again, as Mohammad Shamji was given a life sentence in prison for murdering her. This case cries out for our attention. First, we need to consider the nature of the homicide, rooted deeply in family violence. As Family Dispute Resolution Professionals (FDRPs), we…
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Is Arbitration Right for Every Case?
by Judith Nicoll Readers of this Newsletter will no doubt have read the FDRIO response to reports that an Ontario arbitrator had sided with a mother who chooses not to vaccinate her children. The National Post reported (Mar.28/19) that the Arbitrator had accepted anti-vaccination evidence from a medical doctor who now practiced chiefly in alternative medicine. The article reported that the Arbitrator qualified the doctor as an expert on vaccination, although a Judge in the U.S. had declined to do so in a similar case. It appears that the father in the case either has or intends to take the…
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Book Review: A Guide to Family Arbitration in Ontario
Score: 9.5/10 This thin (just over 100 pages of text), easy-to-read primer is a gem for family arbitrators and parenting coordinators. It is also a great guide for counsel wondering if private adjudication is a good option. One may not wholly accept the premise that family arbitration is becoming the norm in Ontario due to an unwieldy court system—— you can get a trial or long motion date in Toronto in 4-6 weeks— nor with the assertion that family arbitration is less costly than court. But if you want to quickly and solidly learn the basics of family arbitration…
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Staying Within the Lines: Separation Agreements by Non-Lawyer Mediators
The outpouring of public commentary about a recent family arbitration cries out for clarification. There seems to be much misinformation and mistrust about family arbitration. Yet most family arbitrators are experienced, caring professionals. Most arbitrations are successful in the opinion of the parties who participated in them.
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“Arbitrator sides with Ontario parent who refuses to immunize children, cites anti-vaccination ‘expert’.”
The outpouring of public commentary about a recent family arbitration cries out for clarification. There seems to be much misinformation and mistrust about family arbitration. Yet most family arbitrators are experienced, caring professionals. Most arbitrations are successful in the opinion of the parties who participated in them.
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