Family Mediation, Arbitration and Collaborative Practice Handbook, 5th Edition
A Practical and Thorough Review of the ADR Options in Family Law
Publisher: LexisNexis Canada
Book + CD,
This text, now in its fifth 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:
- Position parties as collaborators instead of adversaries
- Give parties control to create their own process and results
- Significantly reduce time and cost of litigation
Discover how and when to implement four new processes:
- Arbitration, in which parties delegate decision making to a professional of their choice, while preserving certain appeal rights
- Mediation-arbitration, where a mediator can become an arbitrator for unresolved issues
- Custody assessment, in which a mental health professional makes a custody 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 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.
Appendices and CD-ROM include: Sample arbitration and mediation agreements Collaborative lawyer retainer agreements Parenting coordinator agreements Client questionnaires Domestic violence screening questionnaires Many precedents and documents drafted by leading family professionalsA Multidisciplinary Resource For
Table of Contents
- 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
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: Custody Assessments
Chapter 7: Family Law Arbitration
Chapter 8: Dispute Resolution Outcomes
Chapter 9: Protecting the Best Interests of Children
Chapter 10: Legal Issues: Custody and Access
Chapter 11: Legal Issues: Support and Property
Chapter 12: The Mediator as Expert Witness
Chapter 13: Professional Conduct Issues
Barbara Landau, Ph.D., LL.B., LL.M., Lorne H. Wolfson, LL.B., LL.M. & Niki Landau, B.F.A., M.F.A.
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.
Niki Landau, B.F.A., M.F.A.,
is a mediator and conflict resolution trainer. She is trained in alternative dispute resolution, community mediation, and basic and advanced family mediation and specializes in conflict resolution, mediation and communication skills training. Ms. Landau is a Roster Trainer at St. Stephen's Conflict Resolution Service, was the Training Coordinator there from 1998–2001, and founded the Co-Parenting Project in 2007. She has been a coach and trainer for Cooperative Solutions and Organizational Strategies Groupsince 1995.
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