Family Arbitration

This program contains 4.25 Professionalism Hours. This program is also eligible for up to 35.25 Substantive Hours.

40-HOUR COURSE ON CONDUCTING FAMILY ARBITRATIONS
Certificate Program in Conflict Management and Mediation

This 40-hour course on conducting Family Arbitrations is approved by the ADR Institute of Ontario, and it counts toward the training requirements for the new  Certified Family Arbitrator (C.F. Arb.) Designation.  This course is designed to satisfy the educational requirements of the Family Statute Law Amendment Act, 2006 and accompanying Regulations, and will include lectures, discussion, exercises and role plays. We will feature guest lecturers and coaches and provide an extensive casebook.


Participant Comments:
Paula White, CA, CBV - Cole & Partners: "Excellent overview and relevant statutes and related materials. Lorne and Barbara's knowledge and experience were very helpful and informative." (Oct.-Dec. 2009)

Julie Guindon, BA,LL.B. - Lawyer from Ottawa: "Great course, very interesting! The mock arbitrations were fun!" (Oct.-Dec. 2009)

Gerald Stotland - Lawyer from Montreal: "Outstanding!" (Oct.-Dec. 2009)

Wendy Miller, Lawyer, Barrie Ontario: I just wanted to thank you both again for your efforts in planning and teaching the Arbitration Course. While we learned a tremendous amount about arbitration, we will also be better advocates as a result of our experience in the course.

COURSE DESCRIPTION:
 
The government recently passed new legislation entailing dramatic changes to family law arbitration in Ontario. The Family Statute Law Amendment Act, 2006 (the “Act”) requires for the first time the regulation of family law arbitrators.

Family law arbitrators will include mental health professionals, faith professionals and lawyers who conduct either formal or informal arbitrations regarding family law issues, including parenting coordination. The proposed Regulations under the Act will require every arbitrator who conducts family arbitration: (1) To have received training, approved by the Attorney General; and (2) To be a member of a specified dispute resolution organization or of a specified class of members of such an organization.

This 40-hour course on conducting Family Law Arbitrations is approved by the ADR Institute of Ontario, and it counts toward the training requirements for the new  Certified Family Arbitrator (C.F. Arb.) Designation.  This course is designed to satisfy the educational requirements of the Family Statute Law Amendment Act, 2006 and accompanying Regulations, and will include lectures, discussion, exercises and role plays. We will feature guest lecturers and coaches and provide an extensive casebook.

Lessons are as follows:

I Introduction to Family Arbitration
  • administrative matters
  • overview of course and materials
  • dispute resolution alternatives
  • arbitration versus mediation
  • overview of the Arbitration Act
  • jurisdiction of the arbitrator
II The Arbitration Act
Conduct of the arbitration

III The Statutory Context
  • Arbitration Act
  • Family Statute Law Amendment Act , 2006
  • Family Law Rules
  • Judicial Review Procedure Act

* Followed by testing on 1 through 3

IV The Arbitration Agreement
  • standard provisions
  • negotiating and drafting the arbitration agreement
  • role of the lawyer providing ILA
  • responding to power imbalances and related issues
  • role play: negotiation of an arbitration agreement with and without lawyers
  • review and critique of arbitration agreements
V Preliminary Matters
  • determining jurisdiction and appropriateness
  • screening for power imbalances and domestic violence
  • the preliminary meeting
  • role play: conducting the preliminary meeting
  • disclosure
  • interlocutory matters
  • role play: interlocutory motiondealing with unrepresented litigants
VI The Arbitration Hearing
  • Arbitration Act
  • Family Law Rules
  • Rules of Civil Procedure
  • rules of evidence
  • dealing with procedural issues
  • conduct of the arbitration
VII Conducting a Successful Arbitration
  • facilities
  • gathering information
  • relationships with counsel and parties
  • communicating with counsel and parties
  • handling witnesses
  • dealing with procedural issues
  • problem solving
  • active listening
  • ethical issues
  • preventing the premature termination of the arbitration
  • keeping a record of the arbitration
  • role play: dealing with procedural issues
  • terminating the arbitration
VIII Psychological and Family Dynamics Issues (taught by Dr. Barbara Landau)
  • the effects of separation on children, adults, extended family, and new partners
  • parent/child relationships
  • dealing with children and children's issues
  • the dynamics of first and second families
  • multicultural and gender issues
  • screening for and dealing with power imbalances and domestic violence*

*NOTE:  The new legislation with respect to Family Arbitration may require training in Screening for Domestic Violence.  Refer to Family Mediation and Theory Skills – Domestic Violence Training Course

IX Role Play: Mock Arbitration Hearing
  • version 1 (with counsel) and version 2 (without counsel)
  • submission of evidence and argument
  • critique and discussion
  • homework - draft awards
X Expert Evidence (taught by Dr. Barbara Landau)
  • role of the expert witness
  • expert as co-arbitrator
  • role of expert as a mediator/arbitrator
  • role of the assessor
  • the mediator/assessor as expert witness
XI Delivering Awards
  • weighing evidence and making a decision
  • time lines for the delivery of the award
  • techniques of effective award-writing
  • appeal and review considerations
  • exercise: writing arbitral awards
  • enforcement of the arbitration award
  • determining costs
  • future involvement in the file – the variation and/or review
  • post-award issues

* Followed by testing on Lessons 4 through 11

XII Other Types of Arbitration
  • mediation/arbitration
  • role of the mediator/arbitrator
  • the mediation/arbitration agreement
  • role play: mediation/arbitration of a post-arbitration access issue
  • parenting co-ordination
XIII Management of your Arbitration Practice
  • organizing your practice and office
  • retainers and accounts
  • file retention
  • providing information to the Attorney-General
  • confidentiality and privileges
  • professional organizations
  • rules of professional conduct
  • judicial immunity
  • insurance
  • other resources

 

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DATES

Spring :
  
 April 10 - 11, 2015
   April 17 - 18, 2015
   April 24 - 25, 2015


Fall : 

   November 13-14, 2015
   November 20-21, 2015
   December 4-5, 2015


LOCATION

Fall: Offices of Torkin Manes LLP
151 Yonge Street, Suite 1500
Toronto, Ontario


Spring: Offices of Torkin Manes LLP
151 Yonge Street, Suite 1500
Toronto, Ontario


COURSE FEES
Reg. price $2400.00 (incl. HST)

Discount price up to 30 days prior
$2300.00 (incl. HST)

As required by the Mediation Associations, the full course must be completed within one year.

Included in your registration fee:
  • Family Mediation, Arbitration and Collaborative Practice Handbook, 5th Edition - The first Canadian text addressing Family Arbitration.
    by Barbara Landau, Lorne Wolfson, Niki Landau
    LexisNexis Canada, 2009
    CLICK HERE - to learn more

  • Extensive written materials and precedents

  • CERTIFICATES from the:
         * ADR Institute of Ontario and;
         * Conrad Grebel University College (University of Waterloo)

  • Two credits toward a certificate in Conflict Management from Conrad Grebel University College.



INSTRUCTORS (Click to view)

LORNE WOLFSON, LL.B, LL.M
of Torkin Manes


BARBARA LANDAU, Ph.D., LL.M., C.Med.

In partnership with Conrad Grebel University at University of Waterloo




76 Truman Road
Toronto, ON M2L 2L6
Phone: 416.391.3110
Fax: 416.391.2347
info@coop-solutions.ca

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