As a family lawyer I am often asked about what to do if a preschool child does not want to visit one of their parents after a separation or divorce. The custodial parent may often ask if they should limit the amount of time the child spends with the non-custodial parent as a result of the refusal to visit.
Category: Family Mediation & Civil Mediation
Blogs providing valuable information on civil mediation, family mediation, and alternative dispute resolution (ADR).
Mediation as an Alternative to Court
Mediation is growing fast as an alternative to court. Not only in resolving civil disputes such as ICBC claims, workplace disputes, estate disputes and business disputes to name just a few, but in all aspects of human conflict. In Small Claims Court, mediation is often the first step in the court process. Also, under the recent Family Law Act, mediation and Alternative Dispute Resolution “ADR” is encouraged as an alternative and preferred way to resolve family disputes. Continue reading →
Dispute Resolution
In the practice of law it seems that almost all lawyers do is draft agreements in anticipation of a dispute or dealing with a client who has a dispute with another party. Typically, as a lawyer if a client has a dispute we tend to write some sort of threatening letter and if no satisfactory resolution is found then we commence court action. This adversarial approach to dispute resolution may not necessarily be the best approach for clients.
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Mediation Process
Ok, I am thinking of mediation, but how does it work? What is the mediation process? Well, usually the process begins with a one-on-one consultation with each disputant to discuss and assess the issues in dispute. Also, the mediator will try to get a better understanding of the dispute and the personalities involved in the dispute. In this preliminary consultation, the mediator may screen for violence or other potential power imbalances. This is especially true for the family mediation process.
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What is a Mediator?
As my firm name is M.J. O’Nions Lawyer & Mediator, I am often asked the question: “What is a Mediator?” Well besides the answer “a mediator is someone who does mediation” it is important to first explain what mediation is.
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