FDR Updates, News & Updates
What We Meant When We Said “Secondary Arbitration”
was last modified: September 11th, 2020 by Tricia Wong
Read MoreFDR Updates, News & Updates
What’s Going on in The Family Courts?
With COVID-19 still lingering, what will be happening with the family court processes now and what will happen going forward? This is a tough time for everyone especially for those involved in the court system. Here`s a condensed version of what`s happening in family court right now. All hearings are being heard on Zoom or JVN (Justice Video Network) with the justice, counsel and clients attending remotely. Court clerks assist with set up and arrangement of files in the courtroom; for judges clerks are the only staff – along with office staff – in the buildings. The Courthouses are now…
Read MoreFDR Updates, News & Updates
Court Orders In-Person School Attendance
On August 25, 2020, newly minted Justice the Honourable Andrea Himel faced a question on the minds of many parents – should a nine-year-old boy attend school or continue online learning at home? The parents of the child, W. C., were both working at home, and there were no other children in their households. The partner of the father is working in an essential service position in the community. There are no underlying medical conditions for anyone in either household, and W.C. is a generally healthy child. Himel J. had some wisdom to impart to the parents calling the urgency…
Read MoreFDR Updates, News & Updates
Mediation Internships – Tips for New Candidates; Opportunities for Supervisors
So, you have completed all of your mediation training courses and want to build a practice as a recognized professional in family mediation. What are the requirements for practical experience? What does it cost? Where do you find experiential learning opportunities? Many who recently completed foundational mediation training have found that internship opportunities are difficult to come by, and the pandemic exacerbated this challenge by reducing the demand for court-connected services through the spring and summer. But change may lead to innovation and the dramatic shift from in person to online mediation, has the potential to create more internship opportunities…
Read MoreFDR Updates, News & Updates
Cooperative Communication through Constructive Conflict Management Coaching
After practising primarily as a family law trial lawyer for over twenty years and having recently completed my Masters of Fine Art in Voice Training and Coaching at the Royal Central school of Speech and Drama in the UK, I am now limiting my practice to mediation, parenting coordination, and communication coaching. What a joy it is to be able to “pivot” and refocus my energy in a supportive, rather than adversarial way at this stage of my life and career. Coaching Self-Awareness In family law, we meet our clients when they are in a heightened state of anxiety, fear,…
Read MoreFDR Updates, News & Updates
Confidentiality of the Mediation Process and Settlement Privilege
Bisaillon v. Bouvier, 2017 QCCS 3788 The Supreme Court of Canada granted leave to appeal in Bisaillon v. Bouvier 2020 QCCA 115, a family law matter. This case addresses the interesting issues of the confidentiality of the mediation process and the exceptions to settlement privilege. The Quebec Court of Appeal had to determine the admissibility in evidence of the “summary of the agreements” prepared by the mediator and whether matters agreed upon in mediation and any other related document or discussion arising from family mediation can be admissible in evidence. The Association de médiation familiale du Québec (Family Mediation Association…
Read MoreFDR Updates, News & Updates
Cliff’s Notes: A Right of First Refusal
A Right of First Refusal A right of first refusal is an issue that arises in many separations between spouses. It involves a request by one party to purchase the other’s interest in the matrimonial home. It is a common request, mostly in cases where the property is held in joint tenancy. Some of the reasons for wanting to exercise a right of first refusal are obvious – a desire to maintain stability, a tactical manoeuvre to gain advantage in a custody dispute, and, of course, the desire to achieve sole ownership of a valuable asset. Clients are often surprised…
Read MoreFDR Updates, News & Updates
Finding Community in FDR Coaching
“Together, apart;” the slogan has graced so many store windows, social media campaigns and government messages over the past few months, as we continue to collectively adapt to this new “normal.”. As Family Dispute Resolution (FDR) professionals, we have adapted our practices, learning to foster a sense of connection and trust with our clients as we replace in- person services with virtual meeting rooms. As professionals, colleagues, friends and family members, physical isolation has shown us all the power of community and how much we all benefit from the relationships in our lives. With this in mind, I am thrilled…
Read MoreFDR Updates, News & Updates
Supporting a Wills and Estates Practice During COVID-19 and Beyond
As a result of COVID-19, lawyers across the country have had to temporarily alter their practices. In a profession where in-person meetings are expected by clients and necessary to see to the proper execution of legal documents, social distancing has forced the legal system to rapidly adapt. Social distancing has posed a challenge for members of the Estates Bar in particular, as client meetings, will signings, hearings, and mediations have all been affected. During this time, however, it remains crucial that estate lawyers continue to help clients in creating or amending estate plans and in moving estate litigation matters forward….
Read MoreFDR Updates, News & Updates
unConference 2020 – Culture Shift: FDRIO’s 1st Online unConference a Success!
Attendees raved about our 3rd Annual unConference: “I loved it. Seamlessly presented.” “Great quality content, organized, breaks, non-DR related content (yoga, cooking)!” With the rapid COVID-19 shutdown in March FDRIO planned to postpone the bi-annual unConference event planned for May 5th until September 2020. But feeling the emptiness left by this postponement, FDRIO quickly decided to embrace the new virtual world of conferences. And keeping with the spirit of the unconventional format of the unConference, we moved to a fully virtual full-day format. And so on June 2nd, 2020, FDRIO hosted 85 participants and over 20 presenters from across Canada…
Read MoreFDR Updates, News & Updates
The Disclosure Clinic ─ A New Service Offered by Shmuel Stern: A FDRIO Conversation with Matilda Kissi
Shmuel Stern is a family law lawyer currently on sabbatical obtaining his LLM in Family Law and running a limited scope practice at Disclosure Clinic – Ontario Family Law Financial Disclosure. Done Right. Follow his family law caselaw twitter feed @corrollaryrelief Shmuel, what is the Disclosure Clinic? The Disclosure Clinic is a limited scope service that fills a specific, and I’d say vital, gap in available family law services. It assists individuals to take a proactive approach to their financial disclosure, helping them fully disclose relevant information, including information not asked for directly on a Form 13 or 13.1 Financial…
Read MoreFDR Updates, News & Updates
Passion for Conflict Resolution: A FDRIO Conversation with Maysa Maleki
Meysa Maleki is a FDRIO Member who practices as a family law lawyer and mediator at Maleki Barristers, in Toronto. Her strong interest in the complexities of interpersonal relationships and human dynamics led to a career of fighting for justice in the area of family law. But she discovered that litigation perpetuates the conflict and is not the right solution in every case. This led Meysa to pursue formal training in mediation, including Harvard Law School’s Negotiation and Leadership Program. Her first book, The Conflict Resolution Grail: Awareness, Compassion, and a Negotiator’s Toolbox, was released on June 23, 2020. Why…
Read MoreFDR Updates, News & Updates
Note from the Editor
Welcome to our June/July Newsletter celebrating all things FDRIO, and featuring FDRIO members on the move. After discussion and consultation, we’ve decided to evolve this Newsletter into a bi-monthly format. You can see the new groups of topics below for the editions to the end of 2020. Look for richer content and deeper analysis as we develop our new approach. FDRIO started with a vision of bringing together family dispute resolution professionals from across disciplines and who had different training and perspectives. We sought to change the dynamic of professional organizations. We knew that we could learn from each other…
Read MoreFDR Updates, News & Updates
Case Law Review: Good News for Family Arbitrators: Zoom Hearings are Just Fine!
Many of us have moved our practices to 100% remote work given the safety risks presented by Covid-19. A recent decision of Justice Lafreniere of the Federal Court reassures those of us conducting private adjudication by Zoom that we are meeting the requisite standard of due process care to our clients. The trial in the patent infringement case of Rovi Guides v Videotron (2020 FC 596) had started before Covid-19, and several of the Plaintiff’s witnesses had testified in person. When it came time to schedule a resumption of trial, the Defendant argued that it would be unfair to require…
Read MoreFDR Updates, News & Updates
Cliff’s Notes: The Tort of Conspiracy and Family Litigation
When spouses or domestic partners separate, it is not uncommon for friends, relatives, and business associates to align themselves with one side. In most instances, the support can be emotionally helpful for either party. However, we have all experienced situations in which this support has a darker side. It crosses the line between being a helpful “friend” to being an active participant in the litigation. That is the point at which our Courts take notice of certain actions that may be inappropriate – or worse. In the recent case of Leitch v. Novac et al, 2020 ONCA 257, the wife, in…
Read More