When parties enter into a mediation process, one of the first things that I usually hear is, "We don't want to use lawyers, we've heard horror stories..." There is no doubt that the legal profession has a bad reputation when it comes to family law. However, many lawyers do work well to support clients who [...]
Mediation is an excellent way to have the tough talks about "what if". Let's face it, most people deciding to spend their lives together aren't planning to separate. However, we don't plan to have our house go up in flames when we buy insurance either. We plan for the worst and hope for the best. [...]
Advances in technology have brought huge opportunities for family mediation. Video and audio conferencing, and shared document and calendar programs provide options to separating couples that help them come to agreement and minimize conflict. In negotiating separation agreements, it is usually best to have the parties together in the same room, as the subtleties of [...]
It can be helpful when separating to consider different options and perspectives. I've put together a library of some resources that may be helpful. These are in no particular order, and different ones will resonate with different people. Parenting After Separation The Truth About Children and Divorce: Dealing with the Emotions So You and Your [...]
Many jurisdictions do not allow same sex couples to marry. Ontario does not differentiate between same sex and opposite sex marriage. Families are more and more mobile, and may move from one type of jurisdiction to another. This leads to interesting issues. If parties come to Ontario from a jurisdiction that does not allow them [...]
An Evening of Film, Refreshments, Appetizers, & Discussion of Family Law Dilemmas For: SOCIAL WORKERS, JUDGES, PSYCHOLOGISTS, MEDIATORS, LAWYERS AND COUNSELLORS Wednesday November 21st, 2012 5:00pm – 7:00pm Oakville Conference Centre 2515 Wyecroft Road Oakville, Ontario L6L 6P8 NO CHARGE TO PARTICIPANTS Lawyers are eligible for 1.5 substantive hours towards CPD requirements. The Program will [...]
The Ontario Court of Appeal, in Grosman v. Cookson, 2012 ONCA 551, decided that the fact that a support recipient files a separation agreement with the court for enforcement does not mean that the court can decide whether the amount of support should be changed if the parties have previously agreed to mediation/arbitration. In this [...]
What happens when parents have joint custody of a young child, and can't communicate regarding major parenting issues? Often, parties will agree to a dispute resolution process of mediation, followed by arbitration if there is no resolution through mediation. In the recent case of Wainwright v. Wainwright (2012 Ont. S.C.J.), the judge was quite concerned [...]
Social networking sites have clearly changed the fabric of family life. This is being reflected more and more in family court. As we frequently tell our children, watch what you post online, it can come back to bite you. Many recent cases contain references to facebook posts that are admitted to evidence and help or [...]
Separating couples face many decisions. One important early decision is what process to choose. Options include: Negotiation between the parties without outside assistance Mediation Collaborative Law Negotiation through lawyers Third party decision-making (arbitration or court) Even if a tentative agreement is reached in the first two processes, it is extremely important that each party receive [...]