A Practical and Thorough Review of the ADR Options in Family Law
This text, now in its sixth edition, is a must have for family law lawyers and other mediation professionals dealing with families facing separation and divorce, including mental health professionals, financial specialists, clergy, educators and judges. Less than 2% of families resolve their family law issues in court, so they need alternative processes that encourage cooperative, timely and cost effective resolutions: this book discusses each of these processes in depth and helps family law professionals and their clients choose which process is best for them.
These processes aim to:
• Help parties select the most appropriate process for their family
• Position parties as collaborators instead of adversaries
• Give parties control to create their own process and results
• Significantly reduce conflict time and cost of litigation
Discover how and when to implement four new processes:
• Mediation-arbitration, where a mediator can be asked to be the arbitrator for unresolved issues
• Arbitration, in which parties delegate decision making to a professional of their choice, while preserving certain appeal rights
• Custody assessment, in which a mental health professional makes a parenting plan recommendation to the parties and/or a judge
• Parenting coordination, that allows a mental health professional to decide day-to-day issues for high-conflict couples following an agreement, order, or award
This edition includes the latest developments in mediation and collaborative practice, and a chapter on the Training Requirements and Rules of Professional Conduct for mediators, collaborative lawyers, and arbitrators. Coverage also includes the critical topic of Domestic Violence and Screening.The book also provides extensive samples and precedents of every process that is discussed.
What's New in this Edition?
• Appendices and USB include:
--Sample arbitration and mediation agreements
--Collaborative lawyer retainer agreements
--Parenting coordinator agreements
--Domestic violence screening questionnaires
--Many precedents and documents drafted by leading family professionals
• Overview of Bill C-78 Reforms to the Parenting Provisions of the Divorce Act
• New chapter on Parenting Coordination
• Newly rewritten chapters on Collaborative Practice and Ethics and Professional Conduct
• New and updated forms and precedents
A Multidisciplinary Resource For
• Family lawyers who participate in any ADR practice and advise separating couples to resolve issues without an adversarial court battle
• Mediators/arbitrators who wish to learn about the new collaborative models in which they can participate
• Mental health professionals, including social workers, psychologists and psychiatrists, who are interested in becoming custody assessors and parenting coordinators
• ADR and family law students learning about the current range of collaborative law options
• Government agencies such as the Office of the Children's Lawyer, Official Guardian etc. may find the book useful as a reference guide
Less than 2% of families resolve their family law issues in court, so they need alternative processes that encourage cooperative, timely and cost effective resolutions. This book incorporates all types of dispute resolution for family law (mediation, arbitration, collaborative practice, parenting coordination), discussing each of these processes in depth.
Table of Contents:
Chapter 1: Overview of Dispute Resolution Options
Chapter 2: Screening for Appropriateness
Chapter 3: Managing the Process
Chapter 4: Mediation in Practice
Chapter 5: Collaborative Practice
Chapter 6: Parenting Coordination
Chapter 7: Custody Assessments
Chapter 8: Family Law Arbitration
Chapter 9: Dispute Resolution Outcomes
Chapter 10: Protecting the Best Interests of Children
Chapter 11: Legal Issues: Custody and Access
Chapter 12: Legal Issues: Support and Property
Chapter 13: Professional Ethics and Conduct
About the Authors:
Barbara Landau, Ph.D., LL.B., LL.M., is President of Cooperative Solutions and a psychologist, lawyer, mediator, arbitrator and trainer. She is a Certified Comprehensive Family Mediator, a Certified Family Arbitrator and trainer in Collaborative Practice. Barbara received the Long Term Achievement Award (FAMMA) from Family Mediation Canada, 2004, the Distinguished Mediator Award from the Association for Conflict Resolution, 2003; and the Award for Excellence in Dispute Resolution from the Ontario Bar Association, ADR Section, 2002. Her family mediation and arbitration training programs are offered through Conrad Grebel University College, University of Waterloo and her collaborative practice programs through Cooperative Solutions.
Lorne H. Wolfson, LL.B., LL.M., is a Certified Specialist in family law at the Toronto law firm, Torkin Manes. He is a Dispute Resolution Officer of the Ontario Superior Court of Justice and a member of the Family Law Rules Committee. He is the Chair of the Family Law Specialty Committee of The Law Society of Upper Canada and a Fellow of the International Academy of Matrimonial Lawyers. He was selected for Best Lawyers in Canada (2006-2009). Lorne teaches family arbitration through Conrad Grebel University College, University of Waterloo.
Nick Bala is a law professor at Queen’s university and leading Canadian expert on legal issues related to children, youth and families in the justice system, including the role of child witnesses, young offenders, child welfare law and high conflict separations. His research is frequently cited by the courts and reflects collaboration with social workers, psychologists and justice system professionals.
Barbara Fidler, Ph.D., C.Psych., Acc.FM., FDRP P.C., is a clinical developmental psychologist in independent practice. She has worked with high conflict parenting in separating and divorcing families for over 33 years. Her practice includes clinical consultations, legal-litigation expert services (testimonial and non-testimonial), mediation, arbitration, parenting coordination and therapy (child, individual, marital, family, and multi-faceted family therapy (multi-day intensives and on an outpatient basis) with families experiencing parent-child contact problems. She is co-author of four books: Child Custody Assessments (2008), Challenging Issues in Child Custody Disputes (2008), Best Practice Guide: Responding to Emotional Harm & Parent-Child Contact Problems in High Conflict Separation (2013), and Children Who Resist Post-Separation Parental Contact: A Differential Approach for Legal and Mental Health Professionals (2012), and contributor of three chapters in the recently published, Overcoming Parent-Child Contact Problems: Family-Based Interventions for Resistance, Rejection, and Alienation (2017). Dr. Fidler has been actively involved in the development and training of parenting coordination services and was appointed to the AFCC Task Force charged with developing guidelines. She is co-founder of Family Solutions and Families Moving Forward.
Jim Fitch, M.A., LL.B., is the Principal of Thrive Mediation in Oakville, Ontario, where he provides mediation, parenting coordination and divorce coaching services. Jim is an Accredited Family Mediator (Acc. FM) and Accredited Elder Mediator (Acc. EM.) through the auspices of the Ontario Association for Family Mediation (OAFM). Jim is a graduate of the School of Graduate Studies and Research at McMaster University (M.A.) and the Faculty of Law at Western University (LL.B.). He has taught Evidence at the Ontario Police College in Aylmer, Ontario and in the Police Foundations program at Conestoga College in Kitchener, Ontario. Jim is presently the Chair of the Complaints, Discipline and Professional Conduct Committee of the Family Dispute Resolution Institute of Ontario (FDRIO). Jim lives in Burlington, Ontario, with his wife Clare Mauro and sons Dominic and Kevin.
Judith Huddart B.A., LL.B., has been practising family law since she was called to the bar in 1982. Throughout her career she has been an active volunteer in the Canadian Bar Association (CBA) at both the national and provincial levels, including: as a CBA Board Member, a Past Chair of the National Family Law Section, and a Past Chair of the Ontario Family Law Section. Judith is trained in both Collaborative Practice and in Mediation and is a member and Past Chair of Collaborative Practice Toronto and a founding member and Past President of the Ontario Collaborative Law Federation representing the 18 Collaborative Practice groups across the province. To ensure Collaborative Practice is available to lower income families, Judith is helping to develop a Collaborative Practice Pro Bono Family Law Project jointly with Collaborative Practice Toronto and Osgoode Hall Law School’s Mediation Clinic. Judith is also one of the ‘experts’ advising Ryerson’s Legal Innovation Zone in the launch of their Global Family Justice Initiative.
Neil Maisel, B. Comm., C.P.A., C.B.V. is a partner in the Valuations | Forensics | Litigation Group at Crowe Soberman LLP. Neil plays an integral part in the firm’s leadership as the firm’s Ethics Officer. For 16 years he also served as a member of the Management Committee.
For the last 30 years, Neil’s practice focused on matrimonial matters, shareholder disputes, corporate and commercial damage claims, business valuations and other litigation support. Neil has been qualified to testify as an expert in Family Law Matters on numerous occasions and in multiple provinces.
Neil provides both financial and forensic investigative and accounting services to the family law, commercial, corporate, financial, government & legal sectors.
Neil enjoys lecturing on a number of topics, some of which are accredited presentations, and has authored numerous articles on topics including family law, business valuation, litigation and tax matters.
Neil has also been active in the community as a Honourary Director of Asthma Canada and is on the Board of The Family Dispute Resolution Institute of Ontario.