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Family Dispute Resolution, FDRIO in the News, Mediation, News & Updates

Mediation Discussion – Regulated college or self-regulated institutions?

Posted on July 15, 2021 at 12:49 pm

Over many years, FDR organizations have tried to get traction with the government for the regulation approach to family mediation and they were not interested. As a result, self-regulating FDR organizations have developed comprehensive practice standards, set expectations for training – including domestic violence and power imbalance training, set high certification requirements and a complaints process to protect the public. On June 22 2021, an article titled Mediation: The unregulated profession written by Gary Joseph was published in The Lawyers Daily. In the article, Mr. Joseph opines that poorly trained mediators are plentiful leading to uninformed participants, sometimes coerced…

The Problem with Partial Agreements at Mediation

Howard E. Warren, Warren Mediation Group Inc.

Posted on May 17, 2021 at 1:10 pm

It appears to make sense to try to get the parties to agree on at least some if not all the terms at mediation. The usual areas in play are parenting decision -making (formerly custody), parenting-time (formerly access), child support, spousal support and equalization of net family property. When I first started my mediation practice, I strove for early settlement of the lowest hanging fruit, to get the parties into settlement mode, both to encourage settlement and for them to understand that deals were there to be had. A year or two into my mediation practice, I convened mediation…

Self-Care is Not Selfish: Self Care for Mediators and Legal Professionals

Kayla M. Stephenson

Posted on May 17, 2021 at 1:04 pm

In the wake of everything that is COVID-19, this pandemic has changed the way we live with all the unknowns and stresses surrounding work, school, childcare, shopping, and our social lives. Self-care is a must, and as a mediator and legal professional we may often come up with reasons why we may not have the time, we may have other duties or responsibilities that require our attention, and of course focusing on trying to keep our mediation or legal practice afloat. COVID -19 has hit everyone in some way shape or form, and it sets unique challenges for all of…

FDRIO March Webinar: Fact-checking claims regarding alienation: Implications for dispute resolution professionals

Posted on March 23, 2021 at 12:00 pm

Concerns of alienation continue to challenge dispute resolution professionals. While the evidence of alienation continues to accumulate, there remains great debate about whether the current research is sufficiently robust to accurately make assertions about the etiology, prevalence, assessment, consequences and appropriate interventions of alienation for children and families. This workshop will highlight the current state of the evidence and will review the current controversies. The workshop will include a fact checking of the various statements that have been made regarding alienation on both sides of the polarized debate. The workshop will also provide practical ways to integrate empirical research into…

FDRIO March 2021 Webinar: Fact-Checking Claims regarding Alienation: Implications for FDR Professionals, with Dr. Michael Saini

Posted on March 23, 2021 at 12:00 pm

The Top 10 Things FDR Professionals Should Know About Death and Capacity

Ian M. Hull and Nick Esterbauer, Hull & Hull LLP

Posted on February 24, 2021 at 7:07 pm

From time to time all lawyers and other professionals assisting families will encounter situations where a client or another party to a proceeding begins to suffer from capacity issues or dies while matters remain unresolved. Litigants can and do die in the midst of legal proceedings and while separation or divorce proceedings, custody disputes, and disputes regarding support are being resolved. We also frequently see issues previously addressed during separation or divorce negotiations emerge again following death. We take this opportunity to highlight and briefly summarize ten of the most important issues to keep in mind when assisting clients where…

Access to Justice in COVID-19 – Counterpoint

Kayla M. Stephenson

Posted on February 24, 2021 at 6:55 pm

Access to justice? It is not controversial to say that there have been long standing issues with access to justice within our court system for clients. Even before COVID-19, the justice system was facing challenges for quite some time. What is access to justice? There are a lot of variations and interpretations to what this means. Simply put- access to justice is an equal right to understand and participate in every situation where law is debated, created, found, organized, administered, interpreted and applied. Having access to justice consists of having available options to prevent, address and resolve the legal problems…

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 Webinar: Bankruptcy And Matrimonial Matters: BAMM!!

Posted on February 16, 2021 at 12:00 pm

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 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 January Webinar: Top Ten Things that FDR Professionals Should Know About Death and Incapacity

Posted on January 14, 2021 at 12:00 pm

Presenters: Ian M. Hull and Nick Esterbauer Webinar Description: Join Ian Hull and Nick Esterbauer as they review issues relating to estates and capacity law relevant to a family law practice and family dispute resolution. Topics will include the impact of marriage, separation, and divorce on estate planning and estate-related entitlements, considerations relating to the use of life insurance, and tools available to assist family law professionals in working through capacity issues.

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 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

Case Law Review: Moore v Sweet and Life Insurance: Implications for Family Dispute Resolution Professionals

Ian M. Hull & Nick Esterbauer

Posted on November 4, 2020 at 11:30 am

For many Canadians, whether the purpose is to fund payment of anticipated estate liabilities, to assist in the financial support of one’s dependants, to honour support payment obligations, to equalize the distribution of an estate between multiple children, or to provide a direct benefit to one or more designated beneficiaries, life insurance policies represent an important component of an estate plan. If the beneficiary designation of a policy cannot be honoured following the insured’s death, this may result in the complete frustration of his or her testamentary wishes and prevent the estate plan from being implemented in the manner that…

Book Review “Intensive Mothering: The Cultural Contradictions of Modern Motherhood” (Demeter Press)

Dr. Linda Ennis

Posted on November 3, 2020 at 4:52 pm

Dr. Linda Ennis, who is moderating a panel on “Differentiating Between Coaches & Mental Health Professionals” at the upcoming FDRIO conference, shares one of her books with us today on “intensive mothering”. She will be offering an online course on this subject on Dec 10th-11th, which will elaborate upon how it impacts the parenting process throughout marriage and divorce (drlindaennis.com). It is recommended that this book on intensive mothering be read in conjunction with her book entitled “After the Happily Ever After: Empowering Women & Mothers In Relationships” (Demeter Press) to fully understand the role of mothers and parents in…

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