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FDRIO December Webinar: Introducing Settify: The New AI-enhanced Family Law Intake System

Posted on December 2, 2020 at 12:00 pm / 0

Speaker: Edward Kirk Webinar Description: Introducing a new approach to client intake that has changed family law practice internationally, and has recently been adopted by Goldhart & Associate, Epstein Cole, Bales Beall and other top Ontario practices Demonstration of Settify – the AI-enhanced system that gives instant, helpful service to new and enquiring clients, gathers their background information, and briefs lawyers Actionable insights drawn from over 60,000 family law clients regarding the optimal ways to enable them to get started on their matters was last modified: October 14th, 2020 by Sina Admin

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FDRIO October Webinar: Top Ten Technology Tips for Your Next Virtual Arbitration

Posted on October 28, 2020 at 12:00 pm / 0

Presenters: Adam Black and Christine Ashbourne Webinar Description: Following a four-day arbitration conducted entirely over Zoom, Adam and Christine will share their top ten technology tips.  Topics will include preparing your witness for a virtual hearing, conducting a cross-examination and maximizing your valuable desktop real estate.  Adam and Christine will also offer their thoughts about managing Zoom fatigue. was last modified: October 14th, 2020 by Sina Admin

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FDR Updates, News & Updates

Court Orders In-Person School Attendance

Posted on September 10, 2020 at 2:12 pm / 0

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…

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FDR Updates, News & Updates

Mediation Internships – Tips for New Candidates; Opportunities for Supervisors

Sylvia Basso
Posted on September 10, 2020 at 2:03 pm / 0

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…

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FDR Updates, News & Updates

Cooperative Communication through Constructive Conflict Management Coaching

Katharine Rajczak
Posted on September 10, 2020 at 1:37 pm / 0

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,…

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FDR Updates, News & Updates

Confidentiality of the Mediation Process and Settlement Privilege

Alison Boyce
Posted on September 10, 2020 at 1:21 pm / 0

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…

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FDR Updates, News & Updates

Supporting a Wills and Estates Practice During COVID-19 and Beyond

Ian M. Hull and Nick Esterbauer
Posted on July 3, 2020 at 2:33 pm / 0

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….

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FDR Updates, News & Updates

The Disclosure Clinic ─ A New Service Offered by Shmuel Stern: A FDRIO Conversation with Matilda Kissi

Matilda Kissi
Posted on July 3, 2020 at 12:26 pm / 0

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…

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FDR Updates, News & Updates

Passion for Conflict Resolution: A FDRIO Conversation with Maysa Maleki

Posted on July 3, 2020 at 12:18 pm / 0

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…

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FDR Updates, News & Updates

Note from the Editor

Anne Marie Predko
Posted on July 3, 2020 at 12:12 pm / 0

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…

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FDR Updates, News & Updates

Case Law Review: Good News for Family Arbitrators: Zoom Hearings are Just Fine!

Hilary Linton
Posted on July 3, 2020 at 12:08 pm / 0

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…

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FDR Updates, News & Updates

View of the Child Reports: Case Comment

By Rachel Birnbaum, Ph.D. RSW, LL.M.
Posted on May 13, 2020 at 4:58 pm / 0

Context There has been increasing use of the Views of the Child Reports as a means to involving children in the resolution of parenting disputes across Canada.[2]It is now widely recognized that children’s inclusion in the post-separation decision-making process is important to the promotion of their well-being. The recognition of the ‘rights’ of children has been supported by the adoption of the United Nations Convention on the Rights of the Child that guarantees children the right to express views on matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child, Can. T.S. 1992 No. 3 states:…

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FDR Updates, News & Updates

Settling Family Law Cases: Lawyer Beware

Lorne Wolfson (Originally Published in the Lawyer’s Daily)
Posted on May 13, 2020 at 4:41 pm / 0

While court operations are suspended during the COVID-19 pandemic, many separated or separating spouses will rely more than ever on the advice of family lawyers. Whether an agreement is arrived at through mediation or through negotiation, with or without lawyers, ultimately a family lawyer is usually engaged to draft an agreement. In doing so, family lawyers should consider the following in order to protect their clients and themselves: 1.   In the absence of formal screening by a qualified third party screener, a family lawyer cannot know if his or her client is entering an agreement under duress or undue influence, the…

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FDR Updates, News & Updates

Note from the Editors

Anne Marie Predko and Pamela Cross
Posted on May 13, 2020 at 4:24 pm / 0

For some, it has taken a pandemic to bring to light the fact that many people are not “safe at home”. FDRIO has always been a leading advocate for the need to take gender-based violence and risk seriously in the FDR context, and in that context, welcome to this month’s newsletter. It has been almost 40 years since the members of the House of Commons laughed at MP Margaret Mitchell’s assertion that one in 10 Canadian men beat their wives regularly.  While MPs might not laugh at the same comment today, effective responses still elude us. In many ways, our tolerance…

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