News & Updates
FDRIO’s Annual General Meeting
Our Chair, Neil Maisel, opened up the meeting with a summary of the exceptional year we have had – including the entertaining humour we’ve all come to expect of Neil! FDRIO has, despite the pandemic, had an unexpected good year, a welcomed success considering the world changed back in March: Our membership increased by 25% because of the highly regarded events and programs we offer our members. We plan to continue on this trajectory for the year ahead! Our innovative unConference was moved to a virtual event offering an excellent program that was very well attended. We hosted a Town Hall open to all family dispute resolution…
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FDRIO Response to Family Legal Services Provider Licence
The Law Society of Ontario (LSO) released a consultation paper on a proposed licensing model for a Family Legal Services Provider (FLSP) licence and invited stakeholders to provide comment. Over the past 4 months, a committee of FDRIO members has been meeting to analyze the proposed model and form an informed and comprehensive response from FDRIO. We are thankful to the members of the committee who gave their time, energy and expertise to ensure that the response from FDRIO was representative of our membership. The FDRIO submission is posted on the website and can be accessed here. was last modified:…
Read MoreFDRIO December Webinar: Introducing Settify: The New AI-enhanced Family Law Intake System
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
Read MoreFDRIO October Webinar: Top Ten Technology Tips for Your Next Virtual Arbitration
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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What We Meant When We Said “Secondary Arbitration”
was last modified: September 11th, 2020 by Tricia Wong
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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…
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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…
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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,…
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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…
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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….
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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…
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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…
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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…
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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…
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View of the Child Reports: Case Comment
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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