Family Law Archives | Family Dispute Resolution Institute of Ontario

News & Updates

Article–Seeking Supervisors for the Mediators-In-Training (MIT)

Marie Nickle, Mary Lee and Rachel MacMurchy

Posted on February 25, 2021 at 3:05 pm

The journey to becoming a certified family mediator can be a cumbersome process. A main obstacle that aspiring family mediators come across is securing an internship to complete the required 100 hours of practical experience. With the growth of the family mediation profession, there is increased demand for aspiring Mediator-In-Training (MIT) supervisors. While there are organizations that offer internships to MITs, the waitlists can be long and it can take over a year to start the process. We want to help reduce this limbo period by encouraging family mediator professionals to offer supervision to MITs and help them complete their…

Access to Justice: Is this still an issue?

Vicky Ringuette

Posted on February 24, 2021 at 6:51 pm

For this edition of the newsletter, we thought it important to write about the two perspectives that have emerged in regard to access to justice in light of the COVID-19 global pandemic. I will be writing from the perspective of technological advances which have potentially eradicated many of the access to justice issues that have plagued our system for decades. My colleague, Kayla Stephenson, will offer you the other perspective that suggests access to justice issues continue to prevail in our Family Justice System despite recent advances made as a result of this pandemic. What is access to justice? I…

Black History Month: Equality Diversity and Inclusion

Kayla M. Stephenson

Posted on February 24, 2021 at 6:33 pm

Black History Month is about honouring the enormous contributions that Black people have made, and continue to make, over the years in all sectors of society. It is about celebrating resilience, innovation, and determination to work towards a more inclusive and diverse Ontario—and Canada in which everyone has every opportunity to flourish. This February, we are honouring Black History Month and celebrating black history with this month`s theme: Equality, Diversity and Inclusion at FDRIO. It is important that in our practice, that we are culturally competent when it comes to our profession in the ADR field. As FDRIO members, we…

FDRIO February 2021 Webinar: Bankruptcy And Matrimonial Matters: BAMM!, with Bob Klotz

Posted on February 16, 2021 at 12:00 pm

Join Bob Klotz as he addresses the following issues: How does bankruptcy work? • Difference between bankruptcy and insolvency • Predicting bankruptcy • How to go bankrupt, and when? • ADR when one spouse is near the precipice of insolvency • Separation Agreements • Void: the 12 mo. preference problem • The Thibodeau problem • Designing the agreement • Wording • Ethics • ADR when one spouse is bankrupt • Pension/RRSP issues • Negotiating with the Trustee.

FDRIO’s Annual General Meeting

Posted on December 2, 2020 at 2:50 pm

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…

FDRIO Response to Family Legal Services Provider Licence

Posted on December 2, 2020 at 12:57 pm

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.

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

Posted on December 2, 2020 at 12:00 pm

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

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

Posted on October 28, 2020 at 12:00 pm

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.

What We Meant When We Said “Secondary Arbitration”

Shmuel Stern

Posted on September 10, 2020 at 5:27 pm

Recently, the Supreme Court of Canada in Uber vs. Heller put the commercial world in a tizzy, invalidating a clause that Uber drivers agree to future arbitration in the event of a dispute over their compensation. Meanwhile, the family law bar yawned, knowing all too well that feeling of ineffectual future arbitration clauses. What we call a “secondary arbitration” clause - a term in a separation agreement (/Minutes of Settlement), court order or arbitration award purporting to direct the parties to arbitrate specific issues arising from that initial document - is near-worthless and even dangerous. “Near-worthless”, in that a... Read More

FDR Updates, News & Updates

Court Orders In-Person School Attendance

Posted on September 10, 2020 at 2:12 pm

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…

Mediation Internships – Tips for New Candidates; Opportunities for Supervisors

Sylvia Basso

Posted on September 10, 2020 at 2:03 pm

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…

Cooperative Communication through Constructive Conflict Management Coaching

Katharine Rajczak

Posted on September 10, 2020 at 1:37 pm

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,…

Confidentiality of the Mediation Process and Settlement Privilege

Alison Boyce

Posted on September 10, 2020 at 1:21 pm

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…

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

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….

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

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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