Tips for lawyers with clients who are refusing mediation (or at least consider mediation) parenting arrangements for their children with their co-parent. There are risk management and professional responsibility issues that arises from this predicament. The court’s changes in 2021 saw a renewed focus in alternative dispute resolution. The court’s aim is to have 85-90%…

Read More

How can a mediator ensure that any parenting plan agreed to by the parties will be appropriately “child focused” in approach? Following on or at the end of the mediation, agreements may be reached. This may include a parenting plan. A parenting plan puts the best interests of the child first. It is drawn up…

Read More

When might a family dispute resolution matter be suitable for a “child inclusive” model? McIntosh defines the Child Informed Practice (“CIP”) as “finding the child’s voice in the presence of the child”[1]. Despite the rise of the use of the child inclusive model, it is not appropriate in all cases[2]. Thus, it is essential that…

Read More

Examination of how an FDRP would ensure that their mediation was “child focused” in approach. Child focused FDR is a process of facilitated dispute resolution focused on finding the child’s voice in the absence of the child[1]. The process enlists the cooperation of the parents/parties by attempting to re-establish and maintain a secure emotional base…

Read More

Evaluation of how family dispute resolution practitioners (FDRP) can ensure that the “best interests” of the children are being addressed in the FDR process. Family Dispute Resolution Practitioner’s (“FDRP”) responsibilities Parental separation and relational conflict can be detrimental to a child’s development. Similar to how the leaver and leave experience the stages of grief differently,…

Read More