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News & Updates

The 2019 Crowe Soberman Award goes to …

FDRIO
Posted on October 3, 2019 at 11:05 am / 0

Dr. Rachel Birnbaum The Family Dispute Resolution Institute of Ontario (FDRIO) has announced that Dr. Rachel Birnbaum is the recipient of the 2019 Crowe Soberman Award of Excellence. The award is given annually by FDRIO to an individual who has made an extraordinary contribution to the field of family dispute resolution in Ontario. For full details click here. Dr. Birnbaum is cross appointed to Childhood Studies and Social Institutions & Social Work at King’s University College, Western, Ontario, where she teaches about children’s participation in the justice system and social work ethics and the law. Dr. Birnbaum has extensive clinical…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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News & Updates

AFCC Ontario Draft Parenting Plan Guidelines

FDRIO
Posted on October 3, 2019 at 9:45 am / 0

A conversation with Nick Bala FDRIO: Tell us about the parenting plan guide, and why these materials are being developed? The origin of the project was in part a response to a concern expressed by some more experienced professionals that some of their less experienced colleagues did not seem fully familiar with basic child development concepts, and were sometimes developing parenting plans that were not appropriate, especially for younger children.  There were also concerns about the lack of materials to directly assist parents in Ontario, many of whom do not have professional assistance in making parenting plans. Further, even for…

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News & Updates

The Trainer’s Forum

FDRIO
Posted on October 3, 2019 at 9:41 am / 0

A conversation with Michael Saini FDRIO: What is the goal of the Trainers’ Forum this year? A: The goal of the Trainers’ Forum this year is to provide trainers with an interactive opportunity to explore the use of simulations (standardized actors) while exploring concrete techniques for teaching about trauma-informed mediation (TIM).  Trainers will be provided the opportunity to simulate a mediation session to explore different techniques for keeping the conflict in the “window of tolerance” and to practice responding to trigger points within the mediation process. FDRIO: Why is this important for family and other mediation trainers? A: There has been…

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News & Updates

Mediation Practicum is Coming

FDRIO
Posted on October 3, 2019 at 9:33 am / 0

November 19, 20 & 22 2019 A conversation with Cathryn L. Paul FDRIO: What is the purpose of the Practicum? A: The practicum is to help new mediators’ practice and develop their skills in realistic scenarios.   It can be hard for students to find practical experience opportunities to complete the supervised hours for certification.  We hope that this opportunity will help supplement their work with real clients, or be a starting point that will enrich their education before they start working with real clients. FDRIO: What will happen during the three days? A:  On the first day, there will be…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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FDR Updates

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…

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