Articles 2023

While a person can technically be both a mediator and arbitrator, deciding to proceed on this basis, appears to possibly heighten the threshold or burden of persuasion on the party to which the mediator has already communicated a view with respect to their case.

As a Bar, we need to advocate for unified family courts at both a provincial and federal level. If the Province of Ontario and the Law Society of Upper Canada are truly committed to addressing the issue of access to justice in family law, they need to work closely and collaboratively with the Federal Government to implement UFCs across the province. Enough with the bandage solutions.

A primer to sever a divorce (or not).

With no more brass rings to strive for, what will motivate innovative young lawyers to spend their prime years in a traditional firm environment?

“Some self-represented litigants never let go. Not only do they resist any reasonable attempt to settle a dispute consensually, they never accept defeat and they continue to fight on, in any available form, and especially in the courts, until they are forced to stop, which usually occurs when they experience financial self-annihilation.”

It is not uncommon for us family law lawyers to advise our male clients that having the children reside with them an equal amount of time after separation is extremely rare.

Whether you are a litigator, mediator, collaborative lawyer or arbitrator, it matters if an agreement made will be followed and if or when it can be challenged.